The clerk of court may decline an application for informal probate if not satisfied that a will is entitled to be probated in informal proceedings because of failure to meet the requirements of § 29A-3-303 or for any other reason. A declination of informal probate is not an adjudication and does not preclude formal probate proceedings.

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Terms Used In South Dakota Codified Laws 29A-3-305

  • Clerk of court: An officer appointed by the court to work with the chief judge in overseeing the court's administration, especially to assist in managing the flow of cases through the court and to maintain court records.
  • Probate: Proving a will

Source: SL 1994, ch 232, § 3-305; SL 1995, ch 167, § 106.