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South Dakota · Through 2026-08-31 · Newer source version available

SDCL § 29A-3-714: Persons dealing with personal representative--Protection.

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Where this section sits in the code
  1. TITLE 29A. UNIFORM PROBATE CODE
  2. CHAPTER 29A-3. PROBATE OF WILLS AND ADMINISTRATION

A person who in good faith either assists a personal representative or deals with a personal representative for value is protected as if the personal representative was properly authorized to act. The fact that a person deals with a personal representative with knowledge of the representative capacity does not alone require the person to inquire into the existence of a power or the propriety of its exercise. Except for restrictions on powers of supervised personal representatives which are endorsed on letters as provided in § 29A-3-504, no provision in any will or order of court purporting to limit the power of a personal representative is effective except as to persons with actual knowledge thereof. A person is not bound to see to the proper application of estate assets paid or delivered to a personal representative. The protection here expressed extends to instances in which some procedural irregularity or jurisdictional defect occurred in proceedings leading to the issuance of letters, including a case in which an alleged decedent is found to be alive.

Source: SL 1994, ch 232, § 3-714.

Collected 2026-09-03T15:18:57Z. Source file · JSON

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