29A-4-206. Power of representatives in transition.
The power of a domiciliary foreign personal representative under §29A-4-201 or 29A-4-205 shall be exercised only if there is no administration or application therefor pending in this state. An application or petition for local administration of the estate terminates the power of the foreign personal representative to act under §29A-4-205, but the local court may allow the foreign personal representative to exercise limited powers to preserve the estate. No person who, before receiving actual notice of a pending local administration, has changed his position in reliance upon the powers of a foreign personal representative shall be prejudiced by reason of the application or petition for, or grant of, local administration. The local personal representative is subject to all duties and obligations which have accrued by virtue of the exercise of the powers by the foreign personal representative and may be substituted for the foreign representative in any action or proceedings in this state.
Source: SL 1994, ch 232, §4-206.
Structure South Dakota Codified Laws
Title 29A - Uniform Probate Code
Chapter 04 - Foreign Personal Representatives--Ancillary Administration
Section 29A-4-101 - Definitions.
Section 29A-4-202 - Payment or delivery discharges.
Section 29A-4-203 - Resident creditor notice.
Section 29A-4-204 - Proof of authority-bond.
Section 29A-4-206 - Power of representatives in transition.
Section 29A-4-207 - Ancillary and other local administrations--Provisions governing.
Section 29A-4-301 - Jurisdiction by act of foreign personal representative.
Section 29A-4-302 - Jurisdiction by act of decedent.
Section 29A-4-303 - Service on foreign personal representative.
Section 29A-4-401 - Effect of adjudication for or against personal representative.