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Code · South Dakota · Title 29 · Chapter 29-3

29A-3-714. Persons dealing with personal representative--Protection.

173 words·~1 min read·/sd/title-29/chapter-29-3/29a-3-714

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

A person who in good faith either assists a personal representative or deals with a personal representative for value is protected as if the personal representative was properly authorized to act. The fact that a person deals with a personal representative with knowledge of the representative capacity does not alone require the person to inquire into the existence of a power or the propriety of its exercise. Except for restrictions on powers of supervised personal representatives which are endorsed on letters as provided in § 29A-3-504 , no provision in any will or order of court purporting to limit the power of a personal representative is effective except as to persons with actual knowledge thereof.
A person is not bound to see to the proper application of estate assets paid or delivered to a personal representative. The protection here expressed extends to instances in which some procedural irregularity or jurisdictional defect occurred in proceedings leading to the issuance of letters, including a case in which an alleged decedent is found to be alive.
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