29A-3-705 Duty of personal representative--Information to heirs and devisees.
Duty of personal representative--Information to heirs and devisees.
(a) Not later
than fourteen days after appointment, every personal representative, except any special administrator,
shall give information of the appointment to the heirs and devisees, including, if there has been no
formal testacy proceeding and if the personal representative was appointed on the assumption that
the decedent died intestate, the devisees in any unprobated will mentioned in the application for
appointment of a personal representative.
(b) The information shall be delivered or sent by ordinary mail to each of the heirs and devisees
whose address is reasonably available to the personal representative. The duty does not extend to
require information to persons who have been adjudicated in a prior formal testacy proceeding to
have no interest in the estate. The information shall include the name and address of the personal
representative, indicate that it is being sent to persons who have or may have some interest in the
estate being administered, indicate whether bond has been filed, describe the court where papers
relating to the estate are on file, and shall be accompanied by a copy of the will admitted to probate,
if any. The information shall state that the estate is being administered by the personal representative
under the South Dakota Probate Code without supervision by the court but that recipients are entitled
to information regarding the administration from the personal representative, to file a demand for
notice under § 29A-3-204, and to petition the court in any matter relating to the estate, including
distribution of assets and expenses of administration.
(c) Not later than fourteen days after appointment, every personal representative, other than a
special administrator, shall also give written information of the appointment to the State Department
of Social Services in Pierre, South Dakota, except that such information need not include a copy of
the will. The information shall include the decedent's social security number and, if available upon
reasonable investigation, the decedent's deceased spouse's name and social security number. The
written information required in this section may not be filed with the court and the social security
numbers of the decedent and the decedent's deceased spouse are not available to the public, but the
personal representative shall certify to the court that the information required in this section has been
provided to the department.
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(d) The personal representative's failure to give the information is a breach of duty to the persons
concerned but does not affect the validity of the appointment, the personal representative's powers
or other duties. A personal representative may inform other persons of the appointment.
Source: SL 1994, ch 232, § 3-705; SL 1995, ch 167, § 122; SL 1997, ch 173, § 1; SL 2006, ch 153,
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