Sections 55-3-37, 55-3-38 - Information required before dispensing with service upon certain persons. Consent of beneficiaries required - South Dakota Statutes

55-3-37. Information required before dispensing with service upon certain persons. In any proceeding in which service upon persons interested in an estate or trust may be dispensed with pursuant to the provisions of §§ 55-3-31 to 55-3-38, inclusive, in addition to such other requirements as may be applicable to the petition in the particular proceeding, the petition shall:
(1) Set forth in a form satisfactory to the court information with respect to the persons interested in the estate upon whom service may be dispensed with, the nature of the interests of such persons, and the basis upon which service may be dispensed with; and
(2) State whether the fiduciary or any other person has discretion to affect the present or future beneficial enjoyment of the estate and, if so, set forth the discretion possessed and, if exercised.
Notwithstanding the foregoing provisions of this section and any provisions of the instrument to the contrary, if the court finds that the representation of a person's interest is or may be inadequate, it may require that the person be served. The basis for such finding shall be set forth specifically in the order.

Source: SL 1998, ch 282, § 18; SL 2002, ch 100, § 6.