South Dakota § 29A-3-611 - Termination of appointment by removal--Cause; procedure.
Full text of South Dakota South Dakota Codified Laws § 29A-3-611 — Termination of appointment by removal--Cause; procedure., with citation guidance and answers to common questions.
§ 29A-3-611. Termination of appointment by removal--Cause; procedure.
(a) Any interested person may petition for removal of a personal representative for cause at any time. Upon filing of the petition, the court shall fix a time and place for hearing. Notice shall be given by the petitioner to the personal representative, and to other persons as the court may order. Except as otherwise ordered as provided in § 29A-3-607, after receipt of notice of removal proceedings, the personal representative shall not act except to account, to correct maladministration, or to preserve the estate. If removal is ordered, the court shall direct by order the disposition of the assets remaining in the name of, or under the control of, the personal representative being removed.
(b) Cause for removal exists when:
(1) Removal is in the best interests of the estate;
(2) The personal representative or the person requesting the representative's appointment intentionally misrepresented material facts in the proceedings leading to appointment; or
(3) The personal representative has disregarded an order of court, has become incapable of discharging the duties of office, has mismanaged the estate, or has failed to perform any duty pertaining to the office.
(c) Unless the decedent's will directs otherwise, a personal representative appointed at the decedent's domicile who is requesting appointment either personally or of a nominee as personal representative, may obtain removal of another who was appointed personal representative in this state to administer local assets.
Source: SL 1994, ch 232, § 3-611.
Source: official South Dakota text · Last verified 2026-08-27
Frequently Asked Questions About South Dakota § 29A-3-611
What does South Dakota Codified Laws § 29A-3-611 cover?
Section 29A-3-611 ("Termination of appointment by removal--Cause; procedure.") 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-3-611?
A common citation format is "South Dakota Codified Laws § 29A-3-611" (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-3-611 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.