South Dakota § 29A-3-303 - Informal probate--Proof and findings required.

§ 29A-3-303. Informal probate--Proof and findings required.

(a) In an informal proceeding for original probate of a will, the clerk shall determine whether:

(1)    The application 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)    An original, duly executed and apparently unrevoked will is in the registrar's possession;

(6)    Any notice required by § 29A-3-204 has been given; and

(7)    It appears from the application that the time limit for original probate has not expired.

(b) The application shall be denied if it indicates that a personal representative has been appointed in another county of this state or except as provided in subsection (d) below, if it appears that this or another will of the decedent has been the subject of a previous probate order.

(c) A will which appears to have the required signatures and which contains an attestation clause showing that the requirements of execution under § 29A-2-502, 29A-2-503, or 29A-2-506 have been met shall be probated without further proof. In other cases, the clerk may assume execution if the will appears to have been properly executed, or the clerk may accept a sworn statement or affidavit of any person having knowledge of the circumstances of execution, whether or not the person was a witness to the will.

(d) Informal probate of a will which has been previously probated elsewhere may be granted at any time upon written application by any interested person, together with deposit of a certified copy of the will and of the statement probating it from the office or court where it was first probated.

(e) A will from a foreign jurisdiction which does not provide for probate of a will after death and which is not eligible for probate under subsection (a) above, may be probated in this state upon receipt by the clerk of a duly certified copy of the will and a certificate of its legal custodian that the copy filed is a true copy and that the will has become operative under the law of that jurisdiction.

Source: SL 1994, ch 232, § 3-303; SL 1995, ch 167, § 105.