§ 29A-3-307 Informal appointment proceedings--Delay in order--Duty of Clerk--Effect of appointment.

SD Codified L § 29A-3-307 (2019) (N/A)

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29A-3-307. Informal appointment proceedings--Delay in order--Duty of Clerk--Effect of appointment. (a) Upon receipt of an application for informal appointment of a personal representative other than a special administrator as provided in § 29A-3-614, if at least one hundred twenty hours have elapsed since the decedent's death, the clerk, after making the findings required by § 29A-3-308, shall appoint the applicant subject to qualification and acceptance; provided, that if the decedent was a nonresident, the clerk shall delay the order of appointment until thirty days have elapsed since death unless the personal representative appointed at the decedent's domicile is the applicant, or unless the decedent's will directs that the estate be subject to the laws of this state.

(b) The status of personal representative and the powers and duties pertaining to the office are fully established by informal appointment. An appointment, and the office of personal representative created thereby, is subject to termination as provided in §§ 29A-3-608 to 29A-3-612, inclusive, but may not be vacated retroactively.

Source: SL 1994, ch 232, § 3-307; SL 1995, ch 167, § 107.

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§ 29A-3-308 Informal appointment proceedings--Proof and findings required.