In Re the Estate of Geier
2012 SD 2
| S.D. | 2012Background
- Minnie Geier died in February 2010; Darlene named personal representative and formal probate followed.
- Darlene arranged heirs meeting; accounting provided to heirs in June 2010; no objections raised.
- Leo Geier petitioned for supervised administration and removal of the personal representative, alleging misappropriation by Clemens and improper payments to Darlene.
- Only Leo joined the petition; other heirs did not join or object to the petition.
- Circuit court denied Leo’s petition after hearing evidence on payments to Darlene and Clemens, finding reimbursements not excessive or improper (Feb 3, 2011).
- A complete settlement hearing was held on Feb 22, 2011; Leo did not appear; no timely appeal from that order was filed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was the appeal from a final order? | Geier contends the order was final and appealable. | Estate argues the order was not a final judgment under UPC-based framework. | Appeal from a final order; the order was final and appealable. |
| Was service of notice of appeal properly made on all parties? | Leo argues only Estate was party to service. | Estate contends heirs must be served. | Appeal dismissed for failure to serve all heirs. |
Key Cases Cited
- In re Estate of Lingscheit, 387 N.W.2d 738 (S.D. 1986) (finality in probate proceedings under prior regime)
- Riede v. Phillips, 277 N.W.2d 720 (S.D. 1979) (final judgment must adjudicate all issues)
- In re Estate of Mary O. Nelson, 330 N.W.2d 151 (S.D. 1983) (probate orders appealable when probate not complete)
- Investors Title Ins. Co. v. Herzig, 785 N.W.2d 863 (N.D. 2010) (finality in unsupervised probate proceeding)
- Scott v. Scott, 136 P.3d 892 (Colo. 2006) (final disposition of formal proceedings under UPC)
- Eggl v. Bjorge, 783 N.W.2d 36 (N.D. 2010) (finality concept in probate proceedings under UPC)
- In re Estate of Newalla, 837 P.2d 1373 (N.M. Ct. App. 1992) (UPC finality guidance in probate cases)
- McGathy v. LaPorta, 246 P.3d 628 (Ariz. 2010) (finality in formal probate proceedings under UPC context)
- Estate of Karnen, 2000 S.D. 32, 607 N.W.2d 32 (S.D. 2000) (UPC finality interpretation guidance)