State of South Dakota
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SEVENTY-SEVENTH
SESSION
LEGISLATIVE ASSEMBLY, 2002 |
661H0397 |
SENATE BILL
NO.
52
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Introduced by:
Senators Whiting, Bogue, Daugaard, de Hueck, Koetzle, and Moore and
Representatives Brown (Jarvis), Gillespie, and Michels
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FOR AN ACT ENTITLED, An Act to
revise certain provisions regarding the resolution of
unperformed acts and the administration of subsequently discovered property of an estate.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 29A-3-1008 be amended to read as follows:
29A-3-1008.
If other property of the estate is discovered after an estate has been settled and
the personal representative discharged or after one year after a closing statement has been filed,
the court, upon petition of any interested person and upon notice as it directs, may appoint the
same or a successor personal representative to administer the subsequently discovered estate.
If after an estate has been settled and the personal representative discharged, or after a closing
statement has been filed, and other property of the estate is discovered or any necessary act
remains unperformed, or for any other proper cause, the court, upon petition of any interested
person and upon notice as it directs, may appoint the same or a successor personal
representative, with or without bond, to administer and resolve the subsequently discovered
estate or issues.
If a new appointment is made, unless the court orders otherwise, the provisions
of this code apply as appropriate, but no claim previously barred may be asserted in the
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 29A-3-1008 be amended to read as follows:
29A-3-1008.
subsequent administration.