(a) The applicant shall give notice as described by § 29A-1-401 of the application for informal probate to any person demanding it pursuant to § 29A-3-204, and to any personal representative of the decedent whose appointment has not been terminated. No other notice of informal probate is required.

(b) Upon issuance of a statement of informal probate and if no personal representative required to give the written information required by § 29A-3-705 has been appointed, the applicant shall within fourteen days give written information to the heirs and devisees of the admission of the will to probate, together with a copy of the will. The information shall include the name and address of the applicant, the name and location of the court granting the informal probate, and the date of the probate. The information shall be delivered or sent by ordinary mail to each of the heirs and devisees whose address is reasonably available to the applicant. An applicant’s failure to give information as required by this section is a breach of duty to the heirs and devisees but does not affect the validity of the probate.

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Terms Used In South Dakota Codified Laws 29A-3-306

  • Decedent: A deceased person.
  • Person: includes natural persons, partnerships, associations, cooperative corporations, limited liability companies, and corporations. See South Dakota Codified Laws 2-14-2
  • 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, § 3-306.