Petition for Appointment of Personal Representative
___ Petition for ____
____ Appointment of ____
____ Personal ____
____ Representative in ____
____ Intestacy and ____
____ Determination ____
____ of Heirs ____
STATE OF SOUTH DAKOTA
:SS
COUNTY OF MINNEHAHA
IN CIRCUIT COURT
SECOND JUDICIAL CIRCUIT
In the Matter of the Estate of
NICOLAS SANTOS VIRVES,
Deceased.
PRO NO. 20-
PETITION FOR FORMAL
APPOINTMENT OF PERSONAL
REPRESENTATIVE IN INTESTACY
AND DETERMINATION OF HEIRS
Petitioner states:
1. Petitioner, as the grandmother of the Decedent, is an interested person as defined by SDCL § 29A-1-201(23) and is qualified to act as personal representative pursuant to SDCL §
29A-3-203(6).
2. Name of Decedent:
Nicolas Santos Virves
Decedent’s date of birth:
November 23, 1996
Decedent’s date of death:
September 6, 2019
Decedent’s domicile at date of death:
Minnehaha County
South Dakota
3. So far as known or ascertainable with reasonable diligence by Petitioner, the names and addresses of the heirs and devisees of the decedent and the ages of any who are minors are as follows:
Name Address Age (if minor)
Mildred Amarilis Diego Sanchez
- estranged wife
Unknown
Santos Santos Diego - son
1900 N. Richard Place
Sioux Falls, SD 57101
7
Estela Santos Virves - mother
1900 N. Richard Place
Sioux Falls, SD 57101
4. Venue for this proceeding is proper in this County because the Decedent was domiciled in this County at the date of death.
5. No personal representative has previously been appointed in this State or elsewhere.
6. Petitioner has not received a demand for notice and is unaware of any demand for notice of any probate or appointment proceeding concerning the Decedent filed in this State or elsewhere.
7. The time limit for formal probate or appointment has not expired because three years or less have passed since the Decedent’s death.
8. After the exercise of reasonable diligence, the Petitioner is unaware of any unrevoked testamentary instrument relating to property having a situs in this State under SDCL § 29A-1-301. Once Petitioner is appointed as personal representative, she will search for an unrevoked testamentary instrument of Decedent. If a testamentary instrument is located, Petitioner will submit it to the Court and further submit an amended Application, if necessary.
9. Petitioner is submitting this matter for formal probate because a probate has not been opened by a party with priority for appointment pursuant to SDCL 29A-3-203.
10. Petitioner nominates Estela Santos Virves, whose address is 1900 N. Richard Place, Sioux Falls, South Dakota 57101, as Personal Representative, who is qualified and is the Mother of the Decedent. More than forty-five days have elapsed since the Decedent’s date of death, and no person with priority for appointment as personal representative pursuant to SDCL 29A-3-203 has filed an application or petition for probate. Other individuals having a prior right to appointment as Personal Representative pursuant to SDCL § 29A-3-203 are Mildred Amarilis Diego Sanchez, decedent’s estranged wife; and Santas Santos Diego, decedent’s minor son. All individuals having a prior right to appointment as Personal Representative pursuant to SDCL 29A-3-203 have been provided notice of this proceeding.
11. Petitioner requests that bond be waived.
Petitioner requests after notice and hearing, the Court make a judicial finding and enter an order formally declaring that Decedent left no valid Last Will & Testament and determining the heirs of Decedent and their respective share; the nominated personal representative be formally appointed personal representative without bond; and letters of appointment issued to the personal representative.
Dated this 3rd day of September, 2020.
Estela Santos Virves
STATE OF SOUTH DAKOTA
ss
COUNTY OF MINNEHAHA
Estela Santos Virves, being duly sworn, verifies the statements contained in the Application for Formal Appointment of Personal Representative in Intestacy and Determination of Heirs are true to the best of Petitioner’s knowledge, information and belief.
Dated this 3rd day of September, 2020.
Estela Santos Virves
NoTary Public -South Dakota
(SEAL)
My Commission Expires
Cesar A. Juarez
Lynn, Jackson, Shultz & Lebrun, P.C.
110 N. Minnesota Ave., Ste. 400
Sioux Falls, SD 57104
605-332-5999
Published three times at the apporximate total cost of $142.77
Dec. 2, 9 & 16, 2020
