2011 South Dakota Code
Title 29A UNIFORM PROBATE CODE
Chapter 03. Probate Of Wills And Administration
§29A-3-308 Informal appointment proceedings--Proof and findings required.

29A-3-308. Informal appointment proceedings--Proof and findings required. (a) In informal appointment proceedings, the clerk shall determine whether:

(1) The application for informal appointment of a personal representative is complete;

(2) The applicant has made oath or affirmation that the statements contained in the application are true to the best of the applicant's knowledge and belief;

(3) The applicant appears from the application to be an interested person as defined in § 29A-1-201(23);

(4) On the basis of the statements in the application, venue is proper;

(5) Any will to which the requested appointment relates has been formally or informally probated; but this requirement does not apply to the appointment of a special administrator;

(6) Any notice required by § 29A-3-310 has been given;

(7) From the statements in the application, the person whose appointment is sought has priority for appointment.

(b) Unless § 29A-3-612 controls, the application shall be denied if it indicates any of the following:

(1) A personal representative who has not filed a written statement of resignation as provided in § 29A-3-610(c) has been appointed in this or another county of this state;

(2) The decedent was not domiciled in this state, a personal representative whose appointment has not been terminated has been appointed by a court in the state of domicile, and the applicant is not the domiciliary representative or the representative's nominee;

(3) The other requirements of this section have not been met.

Source: SL 1994, ch 232, § 3-308; SL 1995, ch 167, § 108.