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Home » US Law » 2022 South Dakota Codified Laws » Title 29A - Uniform Probate Code » Chapter 04 - Foreign Personal Representatives--Ancillary Administration

Section 29A-4-101 – Definitions.

29A-4-101. Definitions. In this chapter: (1)”Local administration” means administration by a personal representative appointed in this state pursuant to appointment proceedings described in chapter 29A-3; (2)”Local personal representative” includes any personal representative appointed in this state pursuant to appointment proceedings described in chapter 29A-3 and excludes foreign personal representatives who acquire the power of a […]

Section 29A-4-201 – Payment of debt and delivery of property to domiciliary foreign personal representative without local administration.

29A-4-201. Payment of debt and delivery of property to domiciliary foreign personal representative without local administration. At any time after the expiration of sixty days from the death of a nonresident decedent, any person indebted to the estate of the nonresident decedent or having possession or control of personal property, or of an instrument evidencing […]

Section 29A-4-202 – Payment or delivery discharges.

29A-4-202. Payment or delivery discharges. Payment or delivery made in good faith on the basis of the proof of authority and affidavit releases the debtor or person having possession of the personal property or of the instrument evidencing a debt, obligation, stock, or chose in action to the same extent as if payment or delivery […]

Section 29A-4-203 – Resident creditor notice.

29A-4-203. Resident creditor notice. Payment or delivery under §29A-4-201 may not be made if a resident creditor of the nonresident decedent has notified the debtor of the nonresident decedent or the person having possession of the personal property or of the instrument evidencing a debt, obligation, stock, or chose in action belonging to the nonresident […]

Section 29A-4-204 – Proof of authority-bond.

29A-4-204. Proof of authority-bond. If no local administration or application or petition therefor is pending in this state, a domiciliary foreign personal representative may file with a court in this state in a county in which property belonging to the decedent is located, certified copies of the appointment and of any official bond. Source: SL […]

Section 29A-4-205 – Powers.

29A-4-205. Powers. A domiciliary foreign personal representative, who has complied with §29A-4-204, may exercise as to assets in this state all powers of a local personal representative and may maintain actions and proceedings in this state subject to any conditions imposed upon nonresident parties generally, except that no will is effective to prove the transfer […]

Section 29A-4-206 – Power of representatives in transition.

29A-4-206. Power of representatives in transition. The power of a domiciliary foreign personal representative under §29A-4-201 or 29A-4-205 shall be exercised only if there is no administration or application therefor pending in this state. An application or petition for local administration of the estate terminates the power of the foreign personal representative to act under […]

Section 29A-4-207 – Ancillary and other local administrations–Provisions governing.

29A-4-207. Ancillary and other local administrations–Provisions governing. In respect to a nonresident decedent, the provisions of chapter 29A-3 govern (1) proceedings, if any, in a court of this state for probate of the will, appointment, removal, supervision, and discharge of the local personal representative, and any other order concerning the estate; and (2) the status, […]

Section 29A-4-301 – Jurisdiction by act of foreign personal representative.

29A-4-301. Jurisdiction by act of foreign personal representative. A foreign personal representative submits personally to the jurisdiction of the courts of this state in any proceeding relating to the estate by (1) filing certified copies of the appointment as provided in §29A-4-204, (2) receiving payment of money or taking delivery of personal property under §29A-4-201, […]

Section 29A-4-302 – Jurisdiction by act of decedent.

29A-4-302. Jurisdiction by act of decedent. In addition to jurisdiction conferred by §29A-4-301, a foreign personal representative is subject to the jurisdiction of the courts of this state to the same extent that the decedent was subject to jurisdiction immediately prior to death. Source: SL 1994, ch 232, §4-302.