South Dakota § 29A-3-308 - Informal appointment proceedings--Proof and findings required.
Full text of South Dakota South Dakota Codified Laws § 29A-3-308 — Informal appointment proceedings--Proof and findings required., with citation guidance and answers to common questions.
§ 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.
Source: official South Dakota text · Last verified 2026-08-27
Frequently Asked Questions About South Dakota § 29A-3-308
What does South Dakota Codified Laws § 29A-3-308 cover?
Section 29A-3-308 ("Informal appointment proceedings--Proof and findings required.") is part of the South Dakota Codified Laws, the codified statutory law of South Dakota. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite South Dakota § 29A-3-308?
A common citation format is "South Dakota Codified Laws § 29A-3-308" (South Dakota). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of South Dakota law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the South Dakota official source linked on this page or consult a licensed South Dakota attorney.
How does South Dakota § 29A-3-308 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in South Dakota can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in South Dakota.