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The Uniform Probate Code, enacted by ch. 196, SL 1974, effective January 1, 1976, was repealed by § 2, ch. 175, SL 1976, and by § 3, ch. 177, SL 1976. The repeal was effective July 1, 1976. Section 1 of ch. 175 and § 2 of ch. 177 provided for the promulgation of rules by the Supreme Court for the orderly transition of actions started pursuant to the procedures set forth in the Uniform Probate Code to the procedures set forth in Titles 29 and 30.
Terms may vary, but tend to match the uniform probate law in many states.
SDCL §29A‑3‑108 Probate, testacy and appointment proceedings ‑‑ Ultimate time limit.No informal probate or appointment proceeding or formal testacy or appointment proceeding, other than a proceeding to probate a will previously probated at the testator's domicile and appointment proceedings relating to an estate in which there has been a prior appointment, may be commenced more than three years after the decedent's death, except 1) a previous proceeding was dismissed; 2) an absentee for whom a conservator was appointed; 3) some situations where a proceeding to contest the will is instituted; 4) certain actions may be brought to confirm title in estate assets or establish an instrument to direct or control the ownership of property. The three year limitation does not apply to proceedings to construe probated wills or determine heirs of an intestate.
SDCL §21-44-2 In all cases of joint tenancy in lands, a copy of the record of the death of any such joint tenant, duly certified by any officer who is required by the laws of the state or county in which such record is made, to keep a record of the death of persons occurring within the jurisdiction of such officer, may be recorded in the office of the register of deeds of the county in which such lands are situated or in the proper office for filing as to such personal property. The record of such certified copy shall be prima facie evidence of the death of such person and the termination of such joint tenancy. There shall also be recorded at the same time, a certified copy of an order made by the circuit court having jurisdiction determining that there is no inheritance tax due on the estate of the deceased person or an order made by said court reciting that the tax due on the estate of said deceased person or on a particular transfer has been determined and proof of the payment of the tax has been filed in the office of the clerk of the court. In order to identify the property affected by the death of such person, the person causing said certificate to be recorded shall attach thereon an affidavit setting out the legal descriptions of the property involved.
SDCL §29A-2-202, et seq. provides for an elective share for the spouse in the augmented estate determined by the length of time the decedent and the spouse were married to each other. SDCL §29A-301 and –302 provide for omitted children and spouse. SDCL §29A-2-401, et seq., provides for homestead allowance and family allowance.
To prove transfer of property or nominate an personal representative, a will shall be declared to be valid by an order of informal probate, or and adjudication of probate by the court. SDCL §29A-3-102Appointment of a personal representative by order of the court or clerk and an issuance of letters which commences administration of the estate. SDCL 29A-3-103
Determination of creditors’ claims. SDCL §29A-3-801 et seq. Distribution SDCL §29A-3-901 et seq. Closing of estate SDCL §29A-3-1001 et seq.
Same as testate administration. Determination of creditors claims. Determination of Heirship and distribution, closing of estate.
· Are there any short or abbreviated probate procedures provided for by statute? If so, summarize. Provide statutory citations.
South Dakota provides for an inheritance tax in Statutes Title 10, ch, 10-40. The tax is based, subject to allowable exemptions, on the beneficial interest of the person entitled to it. SDCL §10-40-21. The tax rates in § 10-40-21 are increased on large estates (clear value of such property or interest exceeds $15,000). SDCL §10-40-22.
The inheritance tax imposed shall be an remain and remain a lien upon the property passed or transferred until paid, except where the transfer is by deed or grant in the hands of a bona fide purchaser or encumbrancer without notice or except where the court having jurisdiction over the proceeding shall authorize the waiver of such lien. SDCL §10-41-68
Any inheritance tax due under the provisions of the inheritance tax law of the state of South Dakota from the estates of decedents who have been deceased for twelve years or more, is declared fully paid and any inheritance tax liens on property passed or transferred from the estates of such decedents are declared satisfied. SDCL §10-41-81
SDCL §29A-3-711 and §29A-3-715 (23) enumerates power of personal representative. It includes power of sale of lands.