South Dakota § 29A-3-405 - Formal testacy proceedings--Uncontested cases--Hearings and proof.
Full text of South Dakota South Dakota Codified Laws § 29A-3-405 — Formal testacy proceedings--Uncontested cases--Hearings and proof., with citation guidance and answers to common questions.
§ 29A-3-405. Formal testacy proceedings--Uncontested cases--Hearings and proof.
If a petition in a testacy proceeding is unopposed, the court may order probate or intestacy on the strength of the pleadings if satisfied that the conditions of § 29A-3-409 have been met, or conduct a hearing in open court and require proof of the matters necessary to support the order sought. If evidence concerning execution of the will is necessary, the affidavit or testimony of one of any attesting witnesses to the instrument, including an affidavit of self-proof executed in compliance with § 29A-2-504, is sufficient. If the affidavit or testimony of an attesting witness is not available, execution of the will may be proved by other evidence or affidavit.
Source: SL 1994, ch 232, § 3-405; SL 1995, ch 167, § 114.
Source: official South Dakota text · Last verified 2026-08-27
Frequently Asked Questions About South Dakota § 29A-3-405
What does South Dakota Codified Laws § 29A-3-405 cover?
Section 29A-3-405 ("Formal testacy proceedings--Uncontested cases--Hearings and proof.") 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-3-405?
A common citation format is "South Dakota Codified Laws § 29A-3-405" (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-3-405 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.