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S.D. Codified Laws § 29A-3-1005

Limitations on proceedings against personal representatives

Applied in 1 court decision — leading case Olson v. Berggren (2021)

Most recently applied in Olson v. Berggren (September 2021)

Source: SL 1994, ch 232, § 3-1005.

Unless previously barred by adjudication and except as provided in the closing statement, the rights of successors and of creditors whose claims have not otherwise been barred against the personal representative for breach of fiduciary duty are barred unless a proceeding to assert the same is commenced within six months after the filing of the closing statement. The rights thus barred do not include rights to recover from a personal representative for fraud, misrepresentation, or inadequate disclosure related to the settlement of the decedent's estate.

Official source: South Dakota Legislature. Reproduced from public-domain South Dakota statutes; confirm against the official source for the current text. Not legal advice.