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S.D. Codified Laws § 29A-3-716

Powers and duties of successor personal representative

Applied in 1 court decision — leading case In Re the Estate of Laue (2010)

Most recently applied in In Re the Estate of Laue (October 2010)

Source: SL 1994, ch 232, § 3-716.

(a) Except as otherwise ordered by the court, a successor personal representative has the same powers and duties as the original personal representative to complete the administration and distribution of the estate, as expeditiously as possible, but the successor shall not exercise any power expressly made personal to the personal representative named in the will.

(b) A successor personal representative is not individually liable for the actions or failures to act of a previous personal representative unless the successor has knowledge of a breach of fiduciary duty by the predecessor and fails to take reasonable corrective action.

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