CHAPTER 138
(SB 149)
Uniform Probate Code, estate closing procedures revised.
ENTITLED, An Act
revise the Uniform Probate Code pertaining to the duties of the personal
representative in closing the estate.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section
1.
That
§
29A-3-1003
be amended to read as follows:
29A-3-1003.
(a) Unless prohibited by order of the court and except for estates being
administered in supervised administration proceedings, a personal representative may close an estate
by filing with the court no earlier than four months after the date of original appointment of a
general personal representative for the estate, a verified statement stating that the personal
representative or a previous personal representative, has:
(1)
Determined that
notice to creditors was properly given and that the time limited for
presentation of creditors' claims has expired
the time limit for presentation of creditors'
claims has expired or has made a diligent search for the creditors of the estate and
affirms to the best of the personal representative's knowledge, information, and belief
that all known creditors have been paid in full and if there are other creditors of the
decedent, they are unknown to the personal representative and could not, with
reasonable diligence, be ascertained
;
(2)
Determined that all inheritance taxes and state estate taxes due from the estate have been
duly determined and are fully paid;
(3)
Fully administered the estate of the decedent by making payment, settlement, or other
disposition of all claims that were properly presented, expenses of administration and
other charges, except as specified in the statement, and that the assets of the estate have
been distributed to the persons so entitled. If any claims remain undischarged, the
statement shall state whether the personal representative has distributed the estate
subject to possible liability with the agreement of the distributees or state in detail other
arrangements that have been made to accommodate outstanding liabilities; and
(4)
Sent a copy of the statement and a full accounting to all heirs and devisees who are
entitled to distribution of and from the remaining assets of the estate and to all known
creditors and other claimants whose claims are neither paid nor barred.
(b) If no proceedings involving the personal representative are pending in the court one year
after the closing statement is filed, the appointment of the personal representative terminates.
(c) Any accounting required under this section may be waived if the persons entitled to a copy
consent in writing.
Signed February 18, 2000.