After the death of a testator and on request of an interested person, a person having custody of a will of the testator shall deliver it with reasonable promptness to an appropriate court or to a person able to secure its probate. A person who willfully fails to deliver a will is liable to any person aggrieved for any damages that may be sustained by the failure.
S.D. Codified Laws § 29A-2-516
Duty of custodian of will--Liability
Applied in 2 court decisions — leading case Briggs v. Briggs (In re Certification of Court) (2019)
Most recently applied in Briggs v. Briggs (July 2019)
Source: SL 1995, ch 167, § 2-516.
Official source: South Dakota Legislature. Reproduced from public-domain South Dakota statutes; confirm against the official source for the current text. Not legal advice.