2011 South Dakota Code
Title 29A UNIFORM PROBATE CODE
Chapter 03. Probate Of Wills And Administration
§29A-3-610 Termination of appointment--Voluntary.


SD Codified L § 29A-3-610 (through 2011) What's This?

29A-3-610. Termination of appointment--Voluntary. (a) An appointment of a personal representative terminates as provided in § 29A-3-1003, one year after the filing of a closing statement.

(b) An order closing an estate as provided in § 29A-3-1001 terminates an appointment of a personal representative.

(c) A personal representative may resign the position of personal representative by filing a written statement of resignation with the clerk after giving at least fourteen days written notice to the persons known to be interested in the estate. If the person resigning is the sole personal representative and no one applies or petitions for appointment of a successor representative within the time stated in the notice, the filed statement of resignation is ineffective as a termination of appointment and in any event is effective only upon the appointment and qualification of a successor representative and delivery of the assets to that successor. If the person resigning is a co-representative, the resignation is effective only upon delivery of assets in the representative's possession to the co-representatives remaining in office.

Source: SL 1994, ch 232, § 3-610; SL 1995, ch 167, § 119.

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