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 regard to the final order that declared the will valid and completely settled the estate. We affirm.
[¶ 2.] Ella Ricard passed away on August 4, 2010. She was survived by five children: Kelly Ricard, Mederic Ricard, Renee Laas, Anna Marsden, and Racette Cuzzort. Ella left behind a Last Will and Testament, dated March 10, 2003. The will named Ella's son, Kelly Ricard, as the personal representative of the estate and as the sole devisee.
[¶ 3.] On September 29, 2010, Kelly filed an Application for Informal Probate and Appointment of Personal Representative. The Clerk of the Fourth Judicial Circuit signed the Clerk's Statement of Informal Probate and Appointment of Personal Representative the same day and issued Letters of Personal Representative appointing Kelly as the personal representative of the estate. Kelly provided notice of the informal probate and appointment of personal representative to Ella's surviving children.
[¶ 4.] On February 24, 2012, Kelly filed an inventory of the estate. The inventory listed the sole asset of the estate as a
[¶ 5.] On March 16, 2012, Laas filed a Notice of Appearance through counsel and filed a Motion to Continue Petition for Complete Settlement After Informal Probate Proceedings. Laas also filed an affidavit with the circuit court alleging, among other things, that Kelly "unduly influenced and coerced" Ella to rewrite her will. The hearing on the Petition for Complete Settlement was continued to June 19, 2012, to give Laas time to conduct discovery regarding her allegations of undue influence. Laas conducted no discovery, and filed no objections to the Petition for Complete Settlement. A hearing was conducted on the Petition for Complete Settlement as rescheduled on June 19, 2012. The circuit court entered an Order for Complete Settlement, Determination of Heirs, and Adjudication of Testacy (Order for Complete Settlement) on July 9, 2012.
[¶ 6.] The Order for Complete Settlement detailed the above procedural facts, including the fact that no written objections to the Petition for Complete Settlement were ever filed by Laas. The order declared the will valid and unrevoked. It named Racette Cuzzort, Renee Laas, Anna Marsden, Kelly Ricard, and Mederic Ricard as heirs of the decedent. The order also directed the personal representative to distribute Ella's partnership interest in Ricard Ranch Limited Partnership to Kelly as directed in the will. The order terminated the appointment of Kelly as the personal representative and discharged him from his duties. A Notice of Entry of Order for Complete Settlement, Determination of Heirs, and Adjudication of Testacy was served on all interested parties. Laas did not file an appeal from the Order for Complete Settlement.
[¶ 7.] On August 2, 2013, Laas filed a Petition to Set Aside Informal Probate of Will and Determine Intestacy, again alleging undue influence. In the petition, Laas asserted that SDCL 29A-3-401, in conjunction with SDCL 29A-3-402, permitted Laas to petition to set aside the prior probate, within three years of the decedent's death. Ricard responded that the estate was formally closed by the Order for Complete Settlement and that the order was conclusive as to the validity of the will. A hearing on Laas's petition was held on October 8, 2013. After the hearing the circuit court determined that the Order for Complete Settlement was final and appealable and that Laas had failed to appeal the order. The circuit court denied Laas's Petition to Set Aside Informal Probate and Determine Intestacy. On appeal, Laas asks us to determine whether a petition to set aside informal probate, under SDCL 29A-3-401, is allowed in this case despite the issuance of a final, appealable order determining the will to be valid.
[¶ 8.] Laas's appeal raises issues of statutory interpretation. As we have stated:
In re Estate of Hamilton, 2012 S.D. 34, ¶ 7, 814 N.W.2d 141, 143 (alteration in original) (quoting Martinmaas v. Engelmann, 2000 S.D. 85, ¶ 49, 612 N.W.2d 600, 611).
[¶ 9.] Laas argues that SDCL 29A-3-108 and SDCL 29A-3-401 allow an interested person to file a petition for formal administration of a will any time within three years of the decedent's death, even after a complete settlement of the estate. SDCL 29A-3-108 provides in part:
Furthermore, SDCL 29A-3-401 provides:
Laas asserts that nothing in SDCL 29A-3-401 indicates that a petition for formal administration may only be used prior to a complete settlement. Moreover, Laas argues that the circuit court never formally probated Ella's will. Rather, Laas contends that the circuit court's Order for Complete Settlement marked the conclusion of informal probate of the will. Accordingly, Laas asserts that the circuit court should entertain her Petition to Set Aside Informal Probate and Declare Intestacy because it was filed within three years of Ella's death.
[¶ 11.] First, Laas asserts that Ella's will was never formally probated. Laas claims that the Order for Complete Settlement was merely the conclusion to informal proceedings, and therefore her petition was valid because SDCL 29A-3-401(b) allows such a petition "without regard to whether the same or a conflicting will has been informally probated." Laas's reliance on SDCL 29A-3-401(b) is misplaced. By the time Laas filed her petition under SDCL 29A-3-401(b), Ella's will had already been formally probated as to the issues contained in Laas's petition. This included a determination central to the present dispute — the validity of Ella's will.
[¶ 12.] Under South Dakota probate law, informal proceedings are defined by statute as those "conducted without notice to interested persons by the clerk of court." SDCL 29A-1-201(22). Conversely, formal proceedings are defined by statute as those "conducted before a judge with notice to interested persons." SDCL 29A-1-201(18). The statutory scheme in South Dakota contemplates the use of a mixture of formal and informal probate proceedings.
[¶ 13.] The parties do not dispute that Kelly initiated the probate of Ella's will informally. However, Kelly's Petition for Complete Settlement, and the corresponding notice and hearing, transformed the informal nature of this process. As contemplated by SDCL 29A-3-1001(b), Kelly's Petition for Complete Settlement requested a determination of testacy status and heirs, approval of accounting, and final settlement and distribution of the estate. The Petition for Complete Settlement requested a hearing on those issues. The hearing held pursuant to the petition was a formal probate proceeding, because it was before a judge, with notice given to interested parties as to the matters to be determined — including the validity of the will. See SDCL 29A-1-201(18). Additionally, the Petition for Complete Settlement met all the requirements of a petition for formal probate of a will.
[¶ 14.] Laas also alleges that the pleadings failed to indicate that the estate was being handled through a formal process. She emphasizes that the title of the document filed by Ricard indicated that it was a petition for complete settlement after informal administration. Laas's argument exalts form over substance. See Schwartz v. First Nat'l Bank in Sioux Falls, 390 N.W.2d 568, 570 (S.D.1986) (citations omitted) ("[T]he character of an action is ordinarily determined by the substance of the whole statement and the nature of the grievance, rather than the form of the pleading."). Although Kelly's petition was entitled, "Petition for Complete Settlement After Informal Probate Proceedings," the body of the petition indicated that Kelly was requesting a formal proceeding. The petition requested the circuit court to determine the testacy status and distribution of the estate "after notice and a hearing." Laas was provided a copy of the Petition for Complete Settlement and given notice of the hearing. Accordingly, we are not convinced that the interested parties were unaware of the formal nature of the proceedings.
[¶ 15.] Finally, Laas argues that SDCL 29A-3-401 must be interpreted to allow a petition to set aside an informal probate and declare intestacy in this case, because a party in Laas's position has no other way of challenging a will once a personal representative has submitted a petition for complete settlement. SDCL 29A-3-1001(a) provides in part that a petition for complete settlement filed by a personal representative "shall be granted as a matter of course, but other petitions shall be granted only if there is good cause." Laas argues that under this language the circuit court could not have entertained any objection to Kelly's Petition for Complete Settlement or the Order for Complete Settlement because the circuit court was bound "as a matter of course" to grant Kelly's petition.
[¶ 16.] Laas fails to point to any place in the record where Laas attempted to object to the petition for complete settlement, but was precluded from doing so because of SDCL 29A-3-1001(a). Laas is also unable to cite any South Dakota decision supporting her conclusion that the statute prevented her from raising an objection.
[¶ 17.] We conclude that the estate in this case was completely settled and closed in a formal probate proceeding. Because Laas had notice of this proceeding, the Order for Complete Settlement is conclusive as to her claims, including the circuit court's determination that the will submitted to probate was valid. Accordingly, the circuit court did not err when it denied Laas's Petition to Set Aside Informal Probate and Declare Intestacy. We affirm.
[¶ 18.] KONENKAMP, ZINTER, SEVERSON, and WILBUR, Justices, concur.