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IN RE ESTATE OF RICARD

No. 26870.

851 N.W.2d 753 (2014)

2014 S.D. 54

In the Matter of the ESTATE OF Ella Bernadette RICARD, Deceased.

Supreme Court of South Dakota.

Decided July 23, 2014.

Attorney(s) appearing for the Case

Jeffrey R. Connolly, Gunderson, Palmer, Nelson & Ashmore, LLP, Rapid City, South Dakota, and Jason L. Reed, Norton, Wasserman, Jones & Kelly, LLC, Salina, Kansas, Attorneys for appellant, Renee Laas.

Marli A. Schippers, Kurt E. Solay, Robert J. Galbraith, Nooney Solay & Van Norman, LLP, Rapid City, South Dakota, Attorneys for appellee, Personal Representative of the Estate, Kelly Ricard.

GILBERTSON, Chief Justice.

[¶ 1.] Appellant Renee Laas appeals from a circuit court order denying her Petition to Set Aside Informal Probate and Declare Intestacy. Laas argues that although the estate was completely settled by an order of the circuit court, the will in question was never formally probated. Accordingly, Laas asserts that SDCL 29A-3-401 and SDCL 29A-3-108 allow her to file a petition to set aside informal probate and declare intestacy, without...

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