Form 3-402B Petition for Adjudication of Intestacy, Determination of Heirs, and Appointment of Personal Representative (Revised April, 1997)

• Legal Form Number: Form 3-402B
• Date: 01 January 2012
• Section: Chapter 29A-3, Part 4 Opening Estates, FormalProceedings (Form 3-402A to Form 3-409C)

State of South Dakota In Circuit Court

County of Judicial Circuit

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Estate of
<DECEDENT>
Deceased

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Petition for Adjudication of Intestacy,
Determination of Heirs, and Appointment of Personal Representative

Petitioner states:

1. Petitioner, as ___________________________, is an interested person as defined by SDCL 29A-1-201(23).

2. Name of decedent: .
Date of birth of decedent: .
Date of death of decedent: .
Domicile at time of death: __________________ County, South Dakota.

3. So far as known or ascertainable with reasonable diligence by the petitioner, the names and addresses of the heirs and devisees of the decedent and the ages of any who are minors are as follows:

Name Address Age if minor

____________________________________________________

4. Venue is proper in this county because the decedent was domiciled in this county on the date of death.
[The decedent was not domiciled in South Dakota, but venue is proper in this county because property of decedent was located in this county at the date of death].

5. No personal representative has previously been appointed in this state or elsewhere.

[The name and address of any personal representative previously appointed in this state or elsewhere, whose appointment has not been terminated is: _____________________________.]

6. Petitioner has not received a demand for notice and is unaware of any demand for notice of any probate or appointment proceeding concerning the decedent filed in this state or elsewhere.

7. The time limit for formal probate or appointment has not expired because three years or less have passed since the decedent's death.
[More than three years from death have passed, but circumstances described by SDCL 29A-3-108 authorize late probate or appointment as follows: _________________________.]

8. After the exercise of...