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HB 1146 revise certain provisions regarding the resolution of underper...
State of South Dakota  
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
 

         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

apply as appropriate, but no claim previously barred may be asserted in the subsequent administration.