Upon receipt of an application requesting informal probate of a will, the clerk, upon making the findings required by § 29A-3-303 shall issue a written statement of informal probate if at least one hundred twenty hours have elapsed since the decedent‘s death. Informal probate is conclusive as to all persons until superseded by an order in a formal testacy proceeding. No defect in the application or procedure relating thereto which leads to informal probate of a will renders the probate void.

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Terms Used In South Dakota Codified Laws 29A-3-302

  • Decedent: A deceased person.
  • Probate: Proving a will
  • written: include typewriting and typewritten, printing and printed, except in the case of signatures, and where the words are used by way of contrast to typewriting and printing. See South Dakota Codified Laws 2-14-2

Source: SL 1994, ch 232, § 3-302; SL 1995, ch 167, § 104.