There is a newer version of the South Dakota Codified Laws
2006 South Dakota Code - 55-3-37 — Information required before dispensing with service upon certain persons.
55-3-37. Information required before dispensing with service upon certain persons. In any proceeding in which service upon persons interested in an estate or trust may be dispensed with pursuant to the provisions of §§ 55-3-31 to 55-3-38, inclusive, in addition to such other requirements as may be applicable to the petition in the particular proceeding, the petition shall:
(1) Set forth in a form satisfactory to
the court information with respect to the persons interested in the
estate upon whom service may be dispensed with, the nature of the
interests of such persons, and the basis upon which service may be
dispensed with; and
(2) State whether the fiduciary or any
other person has discretion to affect the present or future
beneficial enjoyment of the estate and, if so, set forth the
discretion possessed and, if exercised.
Notwithstanding the foregoing provisions of this section and any
provisions of the instrument to the contrary, if the court finds
that the representation of a person's interest is or may be
inadequate, it may require that the person be served. The basis for
such finding shall be set forth specifically in the order.
Source: SL 1998, ch 282, § 18; SL 2002, ch 100, § 6.
Disclaimer: These codes may not be the most recent version. South Dakota may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.