Title 29A — UNIFORM PROBATE CODE
9 chapters · 399 sections in this title.
SDCL 29A-1-401
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Source: SL 1994, ch 232 , § 4-303.
SDCL § 29A-4-101 Definitions
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In this chapter: (1) "Local administration" means administration by a personal representative appointed in this state pursuant to appointment proceedings described in chapter 29A-3 ; (2) "Local personal representative" includes any personal representative appointed in this state …
SDCL § 29A-4-201 Payment of debt and delivery of property to domiciliary foreign personal representative without local administration
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At any time after the expiration of sixty days from the death of a nonresident decedent, any person indebted to the estate of the nonresident decedent or having possession or control of personal property, or of an instrument evidencing a debt, obligation, stock, or chose in actio…
SDCL § 29A-4-202 Payment or delivery discharges
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Payment or delivery made in good faith on the basis of the proof of authority and affidavit releases the debtor or person having possession of the personal property or of the instrument evidencing a debt, obligation, stock, or chose in action to the same extent as if payment or d…
SDCL § 29A-4-203 Resident creditor notice
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Payment or delivery under § 29A-4-201 may not be made if a resident creditor of the nonresident decedent has notified the debtor of the nonresident decedent or the person having possession of the personal property or of the instrument evidencing a debt, obligation, stock, or chos…
SDCL § 29A-4-204 Proof of authority - bond
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If no local administration or application or petition therefor is pending in this state, a domiciliary foreign personal representative may file with a court in this state in a county in which property belonging to the decedent is located, certified copies of the appointment and o…
SDCL § 29A-4-205 Powers
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A domiciliary foreign personal representative, who has complied with § 29A-4-204 , may exercise as to assets in this state all powers of a local personal representative and may maintain actions and proceedings in this state subject to any conditions imposed upon nonresident parti…
SDCL § 29A-4-206 Power of representatives in transition
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The power of a domiciliary foreign personal representative under § 29A-4-201 or 29A-4-205 shall be exercised only if there is no administration or application therefor pending in this state. An application or petition for local administration of the estate terminates the power of…
SDCL § 29A-4-207 Ancillary and other local administrations--Provisions governing
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In respect to a nonresident decedent, the provisions of chapter 29A-3 govern (1) proceedings, if any, in a court of this state for probate of the will, appointment, removal, supervision, and discharge of the local personal representative, and any other order concerning the estate…
SDCL § 29A-4-301 Jurisdiction by act of foreign personal representative
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A foreign personal representative submits personally to the jurisdiction of the courts of this state in any proceeding relating to the estate by (1) filing certified copies of the appointment as provided in § 29A-4-204 , (2) receiving payment of money or taking delivery of person…
SDCL § 29A-4-302 Jurisdiction by act of decedent
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In addition to jurisdiction conferred by § 29A-4-301 , a foreign personal representative is subject to the jurisdiction of the courts of this state to the same extent that the decedent was subject to jurisdiction immediately prior to death. Source: SL 1994, ch 232 , § 4-302.
SDCL § 29A-4-303 Service on foreign personal representative
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Notice shall be given to a foreign personal representative in the manner prescribed by §
SDCL § 29A-4-401 Effect of adjudication for or against personal representative
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An adjudication rendered in any jurisdiction in favor of or against any personal representative of the estate is as binding on the local personal representative as if he were a party to the adjudication. Source: SL 1994, ch 232 , § 4-401.