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 deemed necessary by the court for the estate's best interests.
Further amendments in Section 29A-3-604 outline the process for when a bond is required, including the need for the personal representative to file a sworn statement estimating the value of the estate and execute a bond accordingly. The clerk is given the authority to adjust the bond amount based on the value of assets held in a financial institution, and the court retains the ability to modify bond requirements as needed. Lastly, Section 21-41-24 is repealed, removing outdated provisions related to bond requirements.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