The bill amends several sections of South Dakota law regarding notary public duties and bond requirements for personal representatives. Specifically, it updates Section 18-1-2 to clarify that each notary public must take an oath before performing their duties, and Section 18-1-3 mandates that they obtain an official seal and file an impression of it along with their oath in the Office of the Secretary of State. Additionally, Section 29A-3-603 is amended to state that a bond is not required for a personal representative unless the court determines it is in the best interests of the estate.

Further amendments are made to Section 29A-3-604, which outlines the process for filing a bond if required. It specifies that if the will or order of appointment does not indicate the bond amount, the personal representative must provide an estimate of the estate's value and file a bond accordingly. The clerk has the authority to adjust the bond amount based on the estate's assets held in a financial institution. Lastly, Section 21-41-24 is repealed, indicating a removal of previous legal language related to bond requirements.

Statutes affected:
Introduced, 01/29/2025: 18-1-2, 18-1-3, 29A-3-603, 29A-3-604, 21-41-24
Enrolled, 02/27/2025: 18-1-2, 18-1-3, 29A-3-603, 29A-3-604, 21-41-24