25.54.25 100th Legislative Session 1133
2025 South Dakota Legislature
House Bill 1133
ENROLLED
AN ACT
ENTITLED An Act to amend bond requirements.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 18-1-2 be AMENDED:
18-1-2. Each notary public, before performing the duties of the office, shall take
an oath as required by § 3-1-5.
Section 2. That § 18-1-3 be AMENDED:
18-1-3. Each notary public, before entering upon the duties of the office, shall
obtain an official seal and file an impression of the same, together with the oath described
in § 18-1-2, in the Office of the Secretary of State.
Section 3. That § 29A-3-603 be AMENDED:
29A-3-603. A bond is not required of a personal representative unless the court
concludes that a bond is in the best interests of the estate.
Section 4. That § 29A-3-604 be AMENDED:
29A-3-604. (a) If bond is required and the provisions of the will or order of
appointment do not specify the amount, unless stated in the application or petition, the
person qualifying as personal representative shall file a statement under oath with the
clerk indicating the person's best estimate of the value of the personal estate of the
decedent and of the income expected from the personal and real estate during the next
year, and shall execute and file a bond with the clerk, or give other suitable security, in
an amount not less than the estimate. The clerk shall determine that the bond is duly
executed by a corporate surety, or one or more individual sureties whose performance is 25.54.25 2 1133
HB1133 ENROLLED
secured by pledge of personal property, mortgage on real property, or other adequate
security.
(b) The clerk may permit the amount of the bond to be reduced by the value of
assets of the estate deposited with a financial institution, as defined in § 29A-6-101, that
is located in this state and in a manner that prevents their unauthorized disposition.
(c) On petition of the personal representative or another interested person, the
court may require bond, increase or reduce the amount of the bond, release sureties, or
permit the substitution of another bond with the same or different sureties.
Section 5. That § 21-41-24 be REPEALED. 25.54.25 3 1133
HB1133 ENROLLED
An Act to amend bond requirements.
I certify that the attached Act originated in
the:
House as Bill No. 1133
Chief Clerk
Speaker of the House
Attest:
Chief Clerk
President of the Senate
Attest:
Secretary of the Senate
House Bill No. 1133
File No. ____
Chapter No. ______
Received at this Executive Office
this _____ day of _____________,
2025 at ____________M.
By
for the Governor
The attached Act is hereby
approved this ________ day of
______________, A.D., 2025
Governor
STATE OF SOUTH DAKOTA ,
ss.
Office of the Secretary of State
Filed ____________, 2025
at _________ o'clock __M.
Secretary of State
By
Asst. Secretary of State