State of South Dakota
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EIGHTY-THIRD
SESSION LEGISLATIVE ASSEMBLY, 2008 |
454P0563 | HOUSE BILL NO. 1146 |
Introduced by:
Representatives Feinstein, Cutler, Gosch, Hunt, and Van Norman and
Senators Turbak Berry and Heidepriem
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FOR AN ACT ENTITLED, An Act to
revise certain provisions regarding the resolution of
underperformed 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 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 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 a new appointment is made, unless the court orders otherwise, the provisions of this code
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.
apply as appropriate, but no claim previously barred may be asserted in the subsequent administration.