If the exercise of power concerning the estate is improper, the personal representative is liable to interested persons for damage or loss resulting from breach of fiduciary duty. The rights of purchasers and others dealing with a personal representative shall be determined as provided in §§ 29A-3-713 and 29A-3-714.
S.D. Codified Laws § 29A-3-712
Improper exercise of power--Breach of fiduciary duty
Applied in 4 court decisions — leading case Weekley v. Prostrollo (2010)
Most recently applied in Muhlbauer v. Estate of Olson (July 2011)
Source: SL 1994, ch 232, § 3-712.
How often courts cite this section
Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
Official source: South Dakota Legislature. Reproduced from public-domain South Dakota statutes; confirm against the official source for the current text. Not legal advice.