S.D. Codified Laws § 29A-5A-105 — SD Code / Title 29A / Chapter 5A / Section 29A-5A-105
Cooperation between courts
Status: in_force

(a) In a guardianship or protective proceeding in this state, a court of this state may request the appropriate court of another state to do any of the following:

(1) Hold an evidentiary hearing;

(2) Order a person in that state to produce evidence or give testimony pursuant to procedures of that state;

(3) Order that an evaluation or assessment be made of the respondent;

(4) Order any appropriate investigation of a person involved in a proceeding;

(5) Forward to the court of this state a certified copy of the transcript or other record of a hearing under paragraph (1) or any other proceeding, any evidence otherwise produced under paragraph (2), and any evaluation or assessment prepared in compliance with an order under paragraph (3) or (4);

(6) Issue any order necessary to assure the appearance in the proceeding of a person whose presence is necessary for the court to make a determination, including the respondent or the protected person;

(7) Issue an order authorizing the release of medical, financial, criminal, or other relevant information in that state, including protected health information as defined in 45 C.F.R 160.103, as of January 1, 2011.

(b) If a court of another state in which a guardianship or protective proceeding is pending requests assistance of the kind provided in subsection (a), a court of this state has jurisdiction for the limited purpose of granting the request or making reasonable efforts to comply with the request.

Source: SL 2011, ch 135, § 105.
S.D. Codified Laws § 29A-5-313 — SD Code / Title 29A / Chapter 5 / Section 29A-5-313
Mailing appointment order to protected person
Status: in_force

Within fourteen days following an appointment, the guardian or conservator shall mail a copy of the order of appointment, together with a brief statement of rights to seek termination or modification, to the protected person and to all individuals and entities given notice of the petition.

Source: SL 1993, ch 213, § 41; SDCL 30-36-41; SL 1995, ch 167, § 181.
S.D. Codified Laws § 29A-3-803 — SD Code / Title 29A / Chapter 3 / Section 29A-3-803
Limitations on presentation of claims
Status: in_force

(a) All claims against a decedent's estate which arose before the death of the decedent, including claims of the state and any subdivision thereof, whether due or to become due, absolute or contingent, liquidated or unliquidated, founded on contract, tort, or other legal basis, if not barred earlier by another statute of limitations or nonclaim statute, are barred against the estate, the personal representative, and the heirs and devisees of the decedent, unless presented as follows:

(1) As to creditors barred by publication, within the time set in the published notice to creditors;

(2) As to creditors barred by written notice, within the time set in the written notice;

(3) As to all creditors, within three years after the decedent's death.

(b) A claim described in subsection (a) which is barred by the nonclaim statute of the decedent's domicile before the giving of notice to creditors in this state is barred in this state.

(c) Nothing in this section affects or prevents:

(1) Any proceeding to enforce any mortgage, pledge, or other lien upon property of the estate;

(2) To the limits of the insurance protection only, any proceeding to establish liability of the decedent or the personal representative for which there is protection through liability insurance; or

(3) Collection of compensation for services rendered and reimbursement for expenses advanced by the personal representative or by the attorney or accountant for the personal representative of the estate.

Source: SL 1994, ch 232, § 3-803; SL 1995, ch 167, § 125.
S.D. Codified Laws § 29A-2-110 — SD Code / Title 29A / Chapter 2 / Section 29A-2-110
Debts to decedent
Status: in_force

A debt owed to a decedent is not charged against the intestate share of any individual except the debtor. If the debtor fails to survive the decedent, the debt is not taken into account in computing the intestate share of the debtor's descendants.

Source: SL 1995, ch 167, § 2-110.
S.D. Codified Laws § 29A-3-715 — SD Code / Title 29A / Chapter 3 / Section 29A-3-715
Transactions authorized for personal representatives--Exceptions
Status: in_force

(a) Except as restricted or otherwise provided by the will or by an order in a formal proceeding and subject to the priorities stated in § 29A-3-902 , a personal representative, acting reasonably for the benefit of the estate, may properly:

(1) Retain assets owned by the decedent pending distribution or liquidation including those in which the representative is personally interested or which are otherwise improper for trust investment;

(2) Receive assets from fiduciaries, or other sources;

(3) Perform, compromise, or refuse performance of the decedent's contracts that continue as obligations of the estate, as the personal representative may determine under the circumstances. In performing enforceable contracts by the decedent to convey or lease land, the personal representative, among other possible courses of action, may:

(i) Execute and deliver a deed of conveyance for cash payment of all sums remaining due or the purchaser's note for the sum remaining due secured by a mortgage or deed of trust on the land; or

(ii) Deliver a deed in escrow with directions that the proceeds, when paid in accordance with the escrow agreement, be paid to the successors of the decedent, as designated in the escrow agreement;

(4) Satisfy written charitable pledges of the decedent irrespective of whether the pledges constituted binding obligations of the decedent or were properly presented as claims, if in the judgment of the personal representative the decedent would have wanted the pledges completed under the circumstances;

(5) Invest and reinvest the funds of the estate in accordance with the standard of prudence as specified in chapter 55-5 ;

(6) Acquire or dispose of an asset, including land in this or another state, for cash or on credit, at public or private sale; and manage, develop, improve, exchange, partition, change the character of, or abandon an estate asset;

(7) Make ordinary or extraordinary repairs or alterations in buildings or other structures, demolish any improvements, raze existing or erect new party walls or buildings;

(8) Subdivide, develop or dedicate land to public use; make or obtain the vacation of plats and adjust boundaries; or adjust difference in valuation on exchange or partition by giving or receiving considerations; or dedicate easements to public use without consideration;

(9) Enter for any purpose into a lease as lessor or lessee, with or without option to purchase or renew, for a term within or extending beyond the period of administration;

(10) Enter into a lease or arrangement for exploration and removal of minerals or other natural resources or enter into a pooling or unitization agreement;

(11) Abandon property when, in the opinion of the personal representative, it is valueless, or is so encumbered, or is in condition that it is of no benefit to the estate;

(12) Vote stocks or other securities in person or by general or limited proxy;

(13) Pay calls, assessments, and other sums chargeable or accruing against or on account of securities, unless barred by the provisions relating to claims;

(14) Hold a security in the name of a nominee or in other form without disclosure of the interest of the estate but the personal representative is liable for any act of the nominee in connection with the security so held;

(15) Insure the assets of the estate against damage, loss, and liability and the personal representative against liability as to third persons;

(16) Borrow money with or without security to be repaid from the estate assets or otherwise; and advance money for the protection of the estate;

(17) Effect a fair and reasonable compromise with any debtor or obligor, or extend, renew, or in any manner modify the terms of any obligation owing to the estate. If the personal representative holds a mortgage, pledge, or other lien upon property of another person, the personal representative may, in lieu of foreclosure, accept a conveyance or transfer of encumbered assets from the owner thereof in satisfaction of the indebtedness secured by lien;

(18) Pay taxes, assessments, compensation of the personal representative, and other expenses incident to the administration of the estate;

(19) Sell or exercise stock subscription or conversion rights; consent, directly or through a committee or other agent, to the reorganization, consolidation, merger, dissolution, or liquidation of a corporation or other business enterprise;

(20) Allocate items of income or expense to either estate income or principal, as permitted or provided by law;

(21) Employ persons, including attorneys, accountants, investment advisors, or agents, even if they are associated with the personal representative, to advise or assist the personal representative in the performance of administrative duties; act without independent investigation upon their recommendations; and instead of acting personally, employ one or more agents to perform any act of administration, whether or not discretionary;

(22) Prosecute or defend claims, or proceedings in any jurisdiction for the protection of the estate and of the personal representative in the performance of the personal representative's duties;

(23) Sell, mortgage, or lease any real or personal property of the estate or any interest therein for cash, credit, or for part cash and part credit, and with or without security for unpaid balances;

(24) Continue or participate in the operation of or incorporate any unincorporated business or other enterprise of the decedent;

(25) Provide for exoneration of the personal representative from personal liability in any contract entered into on behalf of the estate;

(26) Satisfy and settle claims and distribute the estate as provided in this code.

(b) Not less than fourteen days prior to the closing of any sale of real or personal property of the estate for which the fair market value is not readily ascertainable, the personal representative shall provide written information of the intent to sell to the persons who have filed a demand for notice under § 29A-3-204 . The written information shall contain a description of the property to be sold, the name of the purchaser, the sale price, the terms of payment, and the nature of the security if the payment of any portion of the purchase price is to be deferred.

Source: SL 1994, ch 232, § 3-715.
S.D. Codified Laws § 29A-5-423 — SD Code / Title 29A / Chapter 5 / Section 29A-5-423
Court action to restrict interaction with family member
Status: in_force

With good cause, a guardian or conservator may move the court to restrict the other person's ability to communicate, visit, or interact with a protected person.

Source: SL 2016, ch 150, § 3.
S.D. Codified Laws § 29A-6-102 — SD Code / Title 29A / Chapter 6 / Section 29A-6-102
Application to controversies between parties and between parties and P.O.D
Status: in_force

The provisions of §§ 29A-6-103 to 29A-6-105 , inclusive, concerning beneficial ownership as between parties, or as between parties and P.O.D. payees or beneficiaries of multiple - party accounts, are relevant only to controversies between these persons and their creditors and other successors, and have no bearing on the power of withdrawal of these persons as determined by the terms of account contracts. The provisions of §§ 29A-6-108 to 29A-6-112 , inclusive, govern the liability of financial institutions which make payments pursuant thereto, and their setoff rights.

Source: SL 1987, ch 208, § 2; SL 1991, ch 230, § 1B; SDCL 30-23-44; SL 1995, ch 167, § 172.
S.D. Codified Laws § 29A-3-617 — SD Code / Title 29A / Chapter 3 / Section 29A-3-617
Special administrator--Formal proceedings--Power and duties
Status: in_force

A special administrator appointed by order of the court in any formal proceeding has the powers of a general personal representative, except as limited in the order of appointment, and the duties as prescribed in the order. The appointment may be for a specified time, to perform particular acts or on other terms as the court may direct.

Source: SL 1994, ch 232, § 3-617.
S.D. Codified Laws § 29A-4-201 — SD Code / Title 29A / Chapter 4 / Section 29A-4-201
Payment of debt and delivery of property to domiciliary foreign personal representative without local administration
Status: in_force

At any time after the expiration of sixty days from the death of a nonresident decedent, any person indebted to the estate of the nonresident decedent or having possession or control of personal property, or of an instrument evidencing a debt, obligation, stock, or chose in action belonging to the estate of the nonresident decedent may pay the debt, deliver the personal property, or the instrument evidencing the debt, obligation, stock, or chose in action, to the domiciliary foreign personal representative of the nonresident decedent upon being presented with proof of the appointment and an affidavit made by or on behalf of the representative stating:

(1) The date of the death of the nonresident decedent;

(2) That no local administration, or application or petition therefor, is pending in this state;

(3) That the domiciliary foreign personal representative is entitled to payment or delivery.

Source: SL 1994, ch 232, § 4-201.
S.D. Codified Laws § 29A-6-427 — SD Code / Title 29A / Chapter 6 / Section 29A-6-427
Recording of transfer of deceased owner's property--Affidavit of confirmation
Status: in_force

The transfer of a deceased owner's property or interest in property must be recorded with the register of deeds in the county where the property is located by filing an affidavit of confirmation executed by any designated beneficiary to whom the transfer is made. The affidavit of confirmation must be verified before a person authorized to administer oaths and must be accompanied by a certified copy of the death certificate for the deceased owner and for each designated beneficiary identified in subdivision (4). The affidavit of confirmation shall contain all of the following information:

(1) The name and address of each transfer on death beneficiary who survives the deceased owner or that is in existence on the date of death of the deceased owner. If the named beneficiary is deceased, the name and address of the contingent beneficiary or person who takes under the anti-lapse statutes shall be included. If a named beneficiary is designated as a transfer on death beneficiary solely in that person's capacity as a trustee of a trust and that trustee subsequently has been replaced by a successor trustee, the affidavit of confirmation shall include the name and address of the successor trustee and must be accompanied by proof of acceptance by the successor trustee;

(2) The date of death of the deceased owner;

(3) The legal description of the subject property or interest in property;

(4) The name of each designated beneficiary who has not survived the deceased owner or who is not in existence on the date of death of the deceased owner; and

(5) A statement that notice of the death of the decedent was given to the South Dakota Department of Social Services to satisfy any public welfare and assistance liens under Title 28.

Source: SL 2014, ch 133, § 27.
S.D. Codified Laws § 29A-2-605 — SD Code / Title 29A / Chapter 2 / Section 29A-2-605
Increase in securities--Accessions
Status: in_force

(a) If a testator executes a will that devises securities and the testator then owned securities that meet the description in the will, the devise includes additional securities owned by the testator at death to the extent the additional securities were acquired by the testator after the will was executed as a result of the testator's ownership of the described securities and are securities of any of the following types:

(1) Securities of the same organization acquired by reason of action initiated by the organization or any successor, related, or acquiring organization, excluding any acquired by exercise of purchase options;

(2) Securities of another organization acquired as a result of a merger, consolidation, reorganization, or other distribution by the organization or any successor, related, or acquiring organization; or

(3) Securities of the same organization acquired as a result of a plan of reinvestment.

(b) Distributions in cash before death with respect to a described security are not part of the devise.

Source: SL 1995, ch 167, § 2-605.
S.D. Codified Laws § 29A-1-107 — SD Code / Title 29A / Chapter 1 / Section 29A-1-107
Evidence as to death or status
Status: in_force

In addition to the rules of evidence in courts of general jurisdiction, the following rules relating to a determination of death and status apply:

(1) Death occurs when an individual is determined to be dead under § 34-25-18.1 .

(2) A certified or authenticated copy of a death certificate issued by an official or agency of the place where the death occurred is prima facie proof of the fact, place, date, time of death, and identity of the decedent.

(3) A certified or authenticated copy of any record or report of a governmental agency, domestic or foreign, that an individual is dead, alive, or an absentee is prima facie proof of the status and of the dates, circumstances, and places disclosed by the record or report.

(4) In the absence of prima facie proof of death, the fact of death may be established by other competent evidence, including circumstantial evidence.

(5) An absentee who has not been seen or heard from for a continuous period of five years, and whose absence is not satisfactorily explained after diligent search or inquiry, is presumed to be dead and is presumed to have died at the end of the period.

(6) A document described in paragraph (2) or (3) that states a time of death 120 hours or more after the time of death of another individual is prima facie proof that the individual survived the other individual by 120 hours.

Source: SL 1995, ch 167, § 1-107.
S.D. Codified Laws § 29A-2-211 — SD Code / Title 29A / Chapter 2 / Section 29A-2-211
Proceeding for elective share--Time limit
Status: in_force

(a) Unless the time for filing an election is extended under subsection (b), the election must be made by filing in the court and mailing or delivering to the personal representative, if any, a petition for the elective share within nine months after the date of the decedent's death, or within four months after the admission to either informal or formal probate of the will of the decedent to which the election applies, whichever limitation later expires. Notice of hearing on the election must be given to persons interested in the estate and to the distributees and recipients of portions of the augmented estate whose interests will be adversely affected by the taking of the elective share. The decedent's nonprobate transfers to others are not included within the augmented estate for the purpose of computing the elective share if the petition is filed more than nine months after the decedent's death or beyond the time extended by the court under subsection (b).

(b) Within nine months after the decedent's death, a petition for an extension of time for making an election may be filed and the court may grant the petition for good cause shown. Notice of the petition must be given to all persons interested in the decedent's nonprobate transfers to others.

(c) A demand for an elective share may be withdrawn at any time before entry of a final determination by the court.

(d) After notice and hearing, the court shall determine the elective - share and supplemental elective - share amounts, and shall order its payment from the assets of the augmented estate or by contribution as appears appropriate under §§ 29A-2-209 and 29A-2-210 . If it appears that a fund or property included in the augmented estate has not come into the possession of the personal representative, or has been distributed by the personal representative, the court nevertheless shall fix the liability of any person who has any interest in the fund or property or who has possession thereof, whether as trustee or otherwise. The proceeding may be maintained against fewer than all persons against whom relief could be sought, but no person is subject to contribution in any greater amount than the person would have been under §§ 29A-2-209 and 29A-2-210 had relief been secured against all persons subject to contribution.

(e) An order or judgment of the court may be enforced as necessary in suit for contribution or payment in other courts of this state or other jurisdictions.

Source: SL 1995, ch 167, § 2-211.
S.D. Codified Laws § 29A-2-516 — SD Code / Title 29A / Chapter 2 / Section 29A-2-516
Duty of custodian of will--Liability
Status: in_force

After the death of a testator and on request of an interested person, a person having custody of a will of the testator shall deliver it with reasonable promptness to an appropriate court or to a person able to secure its probate. A person who willfully fails to deliver a will is liable to any person aggrieved for any damages that may be sustained by the failure.

Source: SL 1995, ch 167, § 2-516.
S.D. Codified Laws § 29A-6-302 — SD Code / Title 29A / Chapter 6 / Section 29A-6-302
Registration in beneficiary form--Sale or joint tenancy ownership
Status: in_force

Only individuals whose registration of a security shows sole ownership by one individual or multiple ownership by two or more with right of survivorship, rather than as tenants in common, may obtain registration in beneficiary form. Multiple owners of a security registered in beneficiary form hold as joint tenants with right of survivorship, as tenants by the entireties, or as owners of community property held in survivorship form, and not as tenants in common.

Source: SL 1995, ch 168, § 6-302.
S.D. Codified Laws § 29A-5-506 — SD Code / Title 29A / Chapter 5 / Section 29A-5-506
Termination of guardianship or conservatorship of minor when no longer needed--Investigation by court representative
Status: in_force

Upon the filing of a petition by the minor, by the guardian or conservator, by any other interested person, or on the court's own motion, the court may terminate the guardianship, the conservatorship, or both, if the court determines that the minor is no longer in need of the assistance or protection of a guardian or conservator or no suitable guardian or conservator can be secured. In making a determination under this section, the court may appoint a court representative to make such investigation as the court may order.

Source: SL 1993, ch 213, § 69; SDCL 30-36-69; SL 1995, ch 167, § 181.
S.D. Codified Laws § 29A-5A-206 — SD Code / Title 29A / Chapter 5A / Section 29A-5A-206
Appropriate forum
Status: in_force

(a) A court of this state having jurisdiction under § 29A-5A-203 to appoint a guardian or issue a protective order may decline to exercise its jurisdiction if it determines at any time that a court of another state is a more appropriate forum.

(b) If a court of this state declines to exercise its jurisdiction under subsection (a), it shall either dismiss or stay the proceeding. The court may impose any condition the court considers just and proper, including the condition that a petition for the appointment of a guardian or issuance of a protective order be filed promptly in another state.

(c) In determining whether it is an appropriate forum, the court shall consider all relevant factors, including:

(1) Any expressed preference of the respondent;

(2) Whether abuse, neglect, or exploitation of the respondent has occurred or is likely to occur and which state could best protect the respondent from the abuse, neglect, or exploitation;

(3) The length of time the respondent was physically present in or was a legal resident of this or another state;

(4) The distance of the respondent from the court in each state;

(5) The financial circumstances of the respondent's estate;

(6) The nature and location of the evidence;

(7) The ability of the court in each state to decide the issue expeditiously and the procedures necessary to present evidence;

(8) The familiarity of the court of each state with the facts and issues in the proceeding; and

(9) If an appointment were made, the court's ability to monitor the conduct of the guardian or conservator.

Source: SL 2011, ch 135, § 206.
S.D. Codified Laws § 29A-5-210 — SD Code / Title 29A / Chapter 5 / Section 29A-5-210
Appointment of temporary guardian or conservator
Status: in_force

The court may appoint a temporary guardian or conservator, or both, under this section and §§ 29A-5-201 to 29A-5-209 , inclusive, upon a showing that an immediate need exists and that an appointment would be in the minor's best interests.

A temporary guardian or conservator shall have only those powers and duties which are specifically set forth in the order of appointment, and in no event may a temporary guardian or conservator be appointed for more than six months.

An appointment of a temporary guardian or conservator shall be made upon such notice and subject to such conditions as the court may order, except that reasonable notice of hearing shall be given to the minor, if age ten or older, unless there is a showing that such delay would not be in the minor's best interests.

A temporary guardian or conservator shall mail a copy of the order of appointment within five days following its entry to the minor, if age ten or older, and to all individuals and entities that would be entitled to notice of hearing on a petition for a regular appointment.

Source: SL 1993, ch 213, § 28; SDCL 30-36-28; SL 1995, ch 167, § 181.
S.D. Codified Laws § 29A-6-304 — SD Code / Title 29A / Chapter 6 / Section 29A-6-304
Origination of registration in beneficiary form
Status: in_force

A security, whether evidenced by certificate or account, is registered in beneficiary form when the registration includes a designation of a beneficiary to take the ownership at the death of the owner or the deaths of all multiple owners.

Source: SL 1995, ch 168, § 6-304.
S.D. Codified Laws § 29A-3-310 — SD Code / Title 29A / Chapter 3 / Section 29A-3-310
Informal appointment proceedings--Notice requirements
Status: in_force

The applicant shall give notice as described by § 29A-1-401 of an intention to seek an appointment informally: (1) to any person demanding it pursuant to § 29A-3-204 ; and (2) to any person having a prior or equal right to appointment not waived in writing and filed with the court. No other notice of an informal appointment proceeding is required.

Source: SL 1994, ch 232, § 3-310.
S.D. Codified Laws § 29A-2-102 — SD Code / Title 29A / Chapter 2 / Section 29A-2-102
Share of the spouse
Status: in_force

The intestate share of a decedent's surviving spouse is:

(1) The entire intestate estate if:

(i) No descendant of the decedent survives the decedent; or

(ii) All of the decedent's surviving descendants are also descendants of the surviving spouse;

(2) The first $100,000, plus one - half of any balance of the intestate estate, if one or more of the decedent's surviving descendants are not descendants of the surviving spouse.

Source: SL 1995, ch 167, § 2-102.
S.D. Codified Laws § 29A-3-716 — SD Code / Title 29A / Chapter 3 / Section 29A-3-716
Powers and duties of successor personal representative
Status: in_force

(a) Except as otherwise ordered by the court, a successor personal representative has the same powers and duties as the original personal representative to complete the administration and distribution of the estate, as expeditiously as possible, but the successor shall not exercise any power expressly made personal to the personal representative named in the will.

(b) A successor personal representative is not individually liable for the actions or failures to act of a previous personal representative unless the successor has knowledge of a breach of fiduciary duty by the predecessor and fails to take reasonable corrective action.

Source: SL 1994, ch 232, § 3-716.
S.D. Codified Laws § 29A-6-301 — SD Code / Title 29A / Chapter 6 / Section 29A-6-301
Definitions
Status: in_force

In this part:

(1) "Beneficiary form," means a registration of a security which indicates the present owner of the security and the intention of the owner regarding the person who will become the owner of the security upon the death of the owner;

(2) "Register," including its derivatives, means to issue a certificate showing the ownership of a certificated security or, in the case of an uncertificated security, to initiate or transfer an account showing ownership of securities;

(3) "Registering entity," means a person who originates or transfers a security title by registration, and includes a broker maintaining security accounts for customers and a transfer agent or other person acting for or as an issuer of securities;

(4) "Security," means a share, participation, or other interest in property, in a business, or in an obligation of an enterprise or other issuer, and includes a certificated security, an uncertificated security, and a security account;

(5) "Security account," means (i) a reinvestment account associated with a security, a securities account with a broker, a cash balance in a brokerage account, cash, cash equivalents, interest, earnings, or dividends earned or declared on a security in an account, a reinvestment account, or a brokerage account, whether or not credited to the account before the owner's death; (ii) an investment management or custody account with a trust company or a trust division of a bank with trust powers, including the securities in the account, a cash balance in the account, and cash, cash equivalents, interest, earnings, or dividends earned or declared on the security in the account, whether or not credited to the account before the owner's death; or (iii) a cash balance or other property held for or due to the owner of a security as a replacement for or product of an account security, whether or not credited to the account before the owner's death.

Source: SL 1995, ch 168, § 6-301; SL 2004, ch 189, § 1.
S.D. Codified Laws § 29A-2-707 — SD Code / Title 29A / Chapter 2 / Section 29A-2-707
Survivorship with respect to future interests under terms of trust
Status: in_force

(a) A future interest created under the terms of a trust is contingent on the beneficiary surviving the distribution date.

(b) If an individual named as a beneficiary of a future interest created under the terms of a trust does not survive the distribution date, the future interest fails unless (i) the beneficiary is a grandparent, descendant of a grandparent, a stepchild, or a descendant of a stepchild of the testator or settlor and (ii) the beneficiary left descendants who survive the distribution date. Those descendants take by representation the property to which the beneficiary would have been entitled had the beneficiary survived the distribution date.

(c) If a future interest created under the terms of a trust is made in the form of a class gift and a beneficiary (member of the class) dies before the distribution date, the share of the beneficiary fails, passes to the surviving members of the class, or passes to the surviving descendants of any deceased members of the class, as the case may be, unless (i) the beneficiary is a grandparent, a descendant of a grandparent, a stepchild, or a descendant of a stepchild of the testator or settlor, and (ii) the beneficiary left descendants who survive the distribution date. Those descendants take by representation the property to which the beneficiary would have been entitled had the beneficiary survived the distribution date.

(d) If a future interest created under the terms of a trust fails for any reason:

(1) If the property passes under the residuary clause in the transferor's will, then the residuary clause is treated as creating a future interest under the terms of a trust.

(2) If the property passes to the transferor's heirs, then the property shall be distributed under § 29A-2-711 .

(e) For purposes of this section:

(1) "Class gift" excludes a future interest to "issue," "descendants," or "heirs of the body," the disposition of which is controlled by § 29A-2-708 , and excludes a devise to "heirs," "next of kin," "relatives," or "family," or a class described by language of similar import, the disposition of which is controlled by § 29A-2-711 .

(2) "Distribution date," with respect to a future interest, means the time when the future interest is to take effect in possession or enjoyment.

Source: SL 1995, ch 167, § 2-707.
S.D. Codified Laws § 29A-6-433 — SD Code / Title 29A / Chapter 6 / Section 29A-6-433
Uniformity of application and construction
Status: in_force

In applying and construing this part, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among the states that enact it.

Source: SL 2014, ch 133, § 33.
S.D. Codified Laws § 29A-5-301 — SD Code / Title 29A / Chapter 5 / Section 29A-5-301
Appointment of guardian or conservator of protected person
Status: in_force

A guardian or conservator of a protected person may be appointed upon petition, the filing of an evaluation report and statement of financial resources, and after notice and hearing as provided in this section and §§ 29A-5-302 to 29A-5-315 , inclusive. Upon an appointment, the guardianship or conservatorship status continues until terminated, without regard to the location of the guardian, the conservator, or the protected person.

Source: SL 1993, ch 213, § 29; SDCL 30-36-29 ; SDCL 30-36-29 ; SL 1995, ch 167, § 181.
S.D. Codified Laws § 29A-6-103 — SD Code / Title 29A / Chapter 6 / Section 29A-6-103
Ownership of joint account, P.O.D
Status: in_force

(1) A joint account belongs, during the lifetime of all parties, to the parties in proportion to the net contributions by each to the sums on deposit, unless there is clear and convincing evidence of a different intent.

(2) A P.O.D. account belongs to the original payee during his lifetime and not to the P.O.D. payee or payees; if two or more parties are named as original payees, during their lifetimes rights as between them are governed by subsection (1) of this section.

(3) Unless a contrary intent is manifested by the terms of the account or the deposit agreement or there is other clear and convincing evidence of an irrevocable trust, a trust account belongs beneficially to the trustee during his lifetime, and if two or more parties are named as trustee on the account, during their lifetimes beneficial rights as between them are governed by this section. If there is an irrevocable trust, the account belongs beneficially to the beneficiary.

Source: SL 1987, ch 208, § 3; SL 1991, ch 230, § 1C; SDCL 30-23-45; SL 1995, ch 167, § 172.
S.D. Codified Laws § 29A-3-706 — SD Code / Title 29A / Chapter 3 / Section 29A-3-706
Duty of personal representative--Inventory and appraisement
Status: in_force

Within six months after appointment, or nine months after the decedent's death, whichever is later, a personal representative, other than a special administrator or a successor to another representative who has previously discharged this duty, shall prepare an inventory of property owned by the decedent at the time of death, listing it with reasonable detail, and indicating as to each listed item, its fair market value as of the date of the decedent's death, and the type and amount of any encumbrance that may exist with reference to any item.

The personal representative shall promptly make a copy of the inventory available, by mail or delivery, to any interested person who requests it. The personal representative may also file the original of the inventory with the court.

Source: SL 1994, ch 232, § 3-706.
S.D. Codified Laws § 29A-6-428 — SD Code / Title 29A / Chapter 6 / Section 29A-6-428
Index reference in the record of deeds
Status: in_force

The register of deeds shall make an index reference in the record of deeds to any affidavit of confirmation filed with the register of deeds under the provisions of this part.

Source: SL 2014, ch 133, § 28.
S.D. Codified Laws § 29A-3-714 — SD Code / Title 29A / Chapter 3 / Section 29A-3-714
Persons dealing with personal representative--Protection
Status: in_force

A person who in good faith either assists a personal representative or deals with a personal representative for value is protected as if the personal representative was properly authorized to act. The fact that a person deals with a personal representative with knowledge of the representative capacity does not alone require the person to inquire into the existence of a power or the propriety of its exercise. Except for restrictions on powers of supervised personal representatives which are endorsed on letters as provided in § 29A-3-504 , no provision in any will or order of court purporting to limit the power of a personal representative is effective except as to persons with actual knowledge thereof. A person is not bound to see to the proper application of estate assets paid or delivered to a personal representative. The protection here expressed extends to instances in which some procedural irregularity or jurisdictional defect occurred in proceedings leading to the issuance of letters, including a case in which an alleged decedent is found to be alive.

Source: SL 1994, ch 232, § 3-714.
S.D. Codified Laws § 29A-3-810 — SD Code / Title 29A / Chapter 3 / Section 29A-3-810
Claims not due and contingent or unliquidated claims
Status: in_force

(a) If a claim which will become due at a future time or a contingent or unliquidated claim becomes due or certain before the distribution of the estate, and if the claim has been allowed, it is paid in the same manner as presently due and absolute claims of the same class.

(b) In other cases the personal representative or, on petition of the personal representative or the claimant in a special proceeding for the purpose, the court may provide for payment as follows:

(1) If the claimant consents, the claimant may be paid the present or agreed value of the claim, taking any uncertainty into account;

(2) Arrangement for future payment, or possible payment, on the happening of the contingency or on liquidation may be made by creating a trust, giving a mortgage, obtaining a bond or security from a distributee, or otherwise.

Source: SL 1994, ch 232, § 3-810.
S.D. Codified Laws § 29A-5A-502 — SD Code / Title 29A / Chapter 5A / Section 29A-5A-502
Relation to Electronic Signatures in Global and National Commerce Act
Status: in_force

This chapter modifies, limits, and supersedes the federal Electronic Signatures in Global and National Commerce Act, 15 U.S.C. Section 7001, et seq., but does not modify, limit, or supersede section 101(c) of that act, 15 U.S.C. Section 7001(c), or authorize electronic delivery of any of the notices described in section 103(b) of that act, 15 U.S.C. Section 7003(b).

Source: SL 2011, ch 135, § 502.
S.D. Codified Laws § 29A-2-608 — SD Code / Title 29A / Chapter 2 / Section 29A-2-608
Exercise of power of appointment
Status: in_force

In the absence of a requirement that a power of appointment be exercised by a reference, or by an express or specific reference, to the power, a general residuary clause in a will, or a will making general disposition of all of the testator's property, expresses an intention to exercise a power of appointment held by the testator only if (i) the power is a general power and the creating instrument does not contain a gift if the power is not exercised or (ii) the testator's will manifests an intention to include the property subject to the power.

Source: SL 1995, ch 167, § 2-608.
S.D. Codified Laws § 29A-5A-207 — SD Code / Title 29A / Chapter 5A / Section 29A-5A-207
Jurisdiction declined by reason of conduct
Status: in_force

(a) If at any time a court of this state determines that it acquired jurisdiction to appoint a guardian or issue a protective order because of unjustifiable conduct, the court may:

(1) Decline to exercise jurisdiction;

(2) Exercise jurisdiction for the limited purpose of fashioning an appropriate remedy to ensure the health, safety, and welfare of the respondent or the protection of the respondent's property or prevent a repetition of the unjustifiable conduct, including staying the proceeding until a petition for the appointment of a guardian or issuance of a protective order is filed in a court of another state having jurisdiction; or

(3) Continue to exercise jurisdiction after considering:

(A) The extent to which the respondent and all persons required to be notified of the proceedings have acquiesced in the exercise of the court's jurisdiction;

(B) Whether it is a more appropriate forum than the court of any other state under the factors set forth in subsection 29A-5A-206(c); and

(C) Whether the court of any other state would have jurisdiction under factual circumstances in substantial conformity with the jurisdictional standards of § 29A-5A-203 .

(b) If a court of this state determines that it acquired jurisdiction to appoint a guardian or issue a protective order because a party seeking to invoke its jurisdiction engaged in unjustifiable conduct, it may assess against that party necessary and reasonable expenses, including attorney's fees, investigative fees, court costs, communication expenses, witness fees and expenses, and travel expenses. The court may not assess fees, costs, or expenses of any kind against this state or a governmental subdivision, agency, or instrumentality of this state unless authorized by law other than this chapter.

Source: SL 2011, ch 135, § 207.
S.D. Codified Laws § 29A-1-311 — SD Code / Title 29A / Chapter 1 / Section 29A-1-311
Fixing time and place for hearings
Status: in_force

A judge or clerk of courts may fix a time and place for hearing on any guardianship petition, conservatorship petition, petition for testacy, appointment, or other probate matter pursuant to Title 29A as well as for any petitions relating to the administration of trust estates under chapter 21-22 . Any order or notice signed by a clerk of courts need not be attested but shall be sealed with the official seal of the circuit court.

Source: SL 1997, ch 110, § 1.
S.D. Codified Laws § 29A-5A-403 — SD Code / Title 29A / Chapter 5A / Section 29A-5A-403
Effect of registration
Status: in_force

(a) Upon registration of a guardianship or protective order from another state, the guardian or conservator may exercise in this state all powers authorized in the order of appointment except as prohibited under the laws of this state, including maintaining actions and proceedings in this state and, if the guardian or conservator is not a resident of this state, subject to any conditions imposed upon nonresident parties.

(b) A court of this state may grant any relief available under this chapter and other law of this state to enforce a registered order.

Source: SL 2011, ch 135, § 403.
S.D. Codified Laws § 29A-2-514 — SD Code / Title 29A / Chapter 2 / Section 29A-2-514
Contracts concerning succession
Status: in_force

A contract to make a will or devise, or not to revoke a will or devise, or to die intestate, if executed on or after July 1, 1995, may be established only by (i) provisions of a will stating material provisions of the contract, (ii) an express reference in a will to a contract and extrinsic evidence proving the terms of the contract, or (iii) a writing signed by the decedent evidencing the contract. The execution of a joint will or mutual wills does not create a presumption of a contract not to revoke the will or wills.

Source: SL 1995, ch 167, § 2-514.
S.D. Codified Laws § 29A-5-408 — SD Code / Title 29A / Chapter 5 / Section 29A-5-408
Annual accounting--Conservator--When filed
Status: in_force

A conservator shall file an accounting with the court within sixty days following the first anniversary of the appointment and:

(1) At least annually thereafter;

(2) When the court orders additional accounts to be filed;

(3) When the conservator resigns or is removed; and

(4) When the conservatorship is terminated.

A conservator may elect to file a periodic accounting on a calendar - year basis. However, in no event may such an accounting cover a period of more than one year. A calendar - year report shall be filed with the court no later than April fifteenth of the succeeding year.

An accounting shall include:

(1) A listing of the receipts, disbursements, and distributions from the estate under the conservator's control during the period covered by the account;

(2) A listing of the estate;

(3) The services being provided to the protected person;

(4) The significant actions taken by the conservator during the reporting period;

(5) A recommendation as to the continued need for conservatorship and any recommended changes in the scope of the conservatorship;

(6) Any other information requested by the court or useful in the opinion of the conservator;

(7) The compensation requested and the reasonable and necessary expenses incurred by the conservator;

(8) An annual inventory of any item of tangible personal property with a value of two thousand five hundred dollars or more which has come into the conservator's possession or knowledge for the minor or protected person; and

(9) The date on which the conservator completed the training curricula required pursuant to § 29A-5-119 .

A conservator shall mail a copy of the accounting to the individuals and entities specified in § 29A-5-410 no later than fourteen days following its filing. A conservator shall notify all persons receiving the accounting that they must present written objections within sixty days after receipt or be barred from thereafter objecting.

Upon filing an objection, any interested person may request a hearing on the accounting. The court may order the conservator to attend the hearing on an account on the court's own motion or on the petition of any interested person. An accounting by a conservator may be incorporated into and made a part of the report of the guardian if the same individual holds both appointments.

Subject to written objection, appeal, or vacation within the time permitted, an order allowing an account of a conservator adjudicates as to liabilities concerning all matters disclosed in the account.

Source: SL 1993, ch 213, § 51; SL 1994, ch 233, § 5; SDCL 30-36-51; SL 1995, ch 167, § 181; SL 1998, ch 166, § 1; SL 2000, ch 137, § 1; SL 2021, ch 121, § 4; SL 2023, ch 95, § 4.
S.D. Codified Laws § 29A-6-111 — SD Code / Title 29A / Chapter 6 / Section 29A-6-111
Financial institution discharged from claims--Exception where notice given
Status: in_force

Payment made pursuant to § 29A-6-108 , 29A-6-109 , 29A-6-110 , or 29A-6-114 , discharges the financial institution from all claims for amounts so paid whether or not the payment is consistent with the beneficial ownership of the account as between parties, or beneficiaries, or their successors. The protection here given does not extend to payments made after a financial institution has received written notice from any party able to request present payment to the effect that withdrawals in accordance with the terms of the account should not be permitted. Unless the notice is withdrawn by the person giving it, the successor of any deceased party shall concur in any demand for withdrawal if the financial institution is to be protected under this section. No other notice or any other information shown to have been available to a financial institution effects its right to the protection provided here. The protection here provided has no bearing on the rights of parties in disputes between themselves or their successors concerning the beneficial ownership of funds in, or withdrawn from, multiple - party accounts.

Source: SL 1987, ch 208, § 11; SL 1991, ch 230, § 1F; SDCL 30-23-53; SL 1995, ch 167, § 172.
S.D. Codified Laws § 29A-6-406 — SD Code / Title 29A / Chapter 6 / Section 29A-6-406
Transfer on death deed nontestamentary
Status: in_force

A transfer on a death deed is nontestamentary.

Source: SL 2014, ch 133, § 6.
S.D. Codified Laws § 29A-6-419 — SD Code / Title 29A / Chapter 6 / Section 29A-6-419
Disclaimer
Status: in_force

A beneficiary may disclaim all or part of the beneficiary's interest as provided by § 29A-2-801 . The disclaimer of an interest in property must be recorded in the office of the register of deeds in the county where the property that is the subject of the disclaimer is located.

Source: SL 2014, ch 133, § 19.
S.D. Codified Laws § 29A-5-413 — SD Code / Title 29A / Chapter 5 / Section 29A-5-413
Restrictions on conservator of minor or protected person
Status: in_force

Unless prior approval of court is first obtained, or unless such relationship existed prior to the appointment and was disclosed in the petition for appointment, a conservator may not:

(1) Directly or indirectly purchase, lease, or sell any property from or to the minor, the protected person or the estate;

(2) Borrow or loan funds to the minor, the protected person or the estate, except for reasonable advances without interest for the protection of the estate;

(3) Compromise or otherwise modify a debt owed by the conservator to the minor, the protected person or the estate; or

(4) Directly or indirectly purchase, lease or sell property or services from or to any entity of which the conservator or a relative of the conservator is an officer, director, shareholder, proprietor, or owns a significant financial interest.

Any activity prohibited by this section is voidable upon petition of any interested person or on the court's own motion. This section does not limit any other remedies which may be available for a breach by the conservator or others of their duty of loyalty to the minor, the protected person, or the estate.

Source: SL 1993, ch 213, § 56; SDCL 30-36-56; SL 1995, ch 167, § 181.
S.D. Codified Laws § 29A-2-604 — SD Code / Title 29A / Chapter 2 / Section 29A-2-604
Failure of testamentary provision
Status: in_force

(a) A devise, other than a residuary devise, that fails for any reason becomes a part of the residue.

(b) A residuary devise that fails for any reason passes to the testator's heirs unless the residue is devised to two or more persons, in which event the failed devise passes to the other residuary devisee, or to other residuary devisees in proportion to the interest of each in the remaining part of the residue.

Source: SL 1995, ch 167, § 2-604.
S.D. Codified Laws § 29A-3-901 — SD Code / Title 29A / Chapter 3 / Section 29A-3-901
Successors' rights if no administration
Status: in_force

In the absence of administration, the heirs and devisees are entitled to the estate in accordance with the terms of a probated will or the laws of intestate succession. Devisees may establish title by the probated will to devised property. Persons entitled to property by homestead allowance, exemption or intestacy may establish title thereto by proof of the decedent's ownership, death, and their relationship to the decedent. Successors take subject to all charges incident to administration, including the claims of creditors and allowances of surviving spouse and dependent children, and subject to the rights of others resulting from abatement, retainer, advancement, and ademption.

Source: SL 1994, ch 232, § 3-901.
S.D. Codified Laws § 29A-6-405 — SD Code / Title 29A / Chapter 6 / Section 29A-6-405
Transfer on death deed revocable
Status: in_force

A transfer on a death deed is revocable even if the deed or another instrument contains a contrary provision.

Source: SL 2014, ch 133, § 5.
S.D. Codified Laws § 29A-3-406 — SD Code / Title 29A / Chapter 3 / Section 29A-3-406
Formal testacy proceedings--Contested cases--Testimony of attesting witnesses
Status: in_force

(a) If evidence concerning execution of an attested will which is not self - proved is necessary in contested cases, the testimony of at least one of the attesting witnesses, if within the state, competent and able to testify, is required. Due execution of an attested or unattested will may be proved by other evidence.

(b) If the will is self - proved, compliance with signature requirements for execution is conclusively presumed and other requirements of execution are presumed subject to rebuttal without the testimony of any witness upon filing the will and the acknowledgment and affidavits annexed or attached thereto, unless there is proof of fraud or forgery affecting the acknowledgment or affidavit.

Source: SL 1994, ch 232, § 3-406.
S.D. Codified Laws § 29A-3-402 — SD Code / Title 29A / Chapter 3 / Section 29A-3-402
Formal testacy or appointment proceedings--Petition; contents
Status: in_force

(a) Petitions for formal probate of a will, or for adjudication of intestacy with or without request for appointment of a personal representative, shall be directed to the court, request a judicial order after notice and hearing and contain further statements as indicated in this section.

(b) A petition for formal probate of a will shall:

(1) Request an order determining the heirs and the testacy of the decedent in relation to a particular instrument which may or may not have been informally probated;

(2) Contain the statements required for informal applications as stated in the six paragraphs under subsection 29A-3-301(a)(1), the statements required by paragraphs (ii) and (iii) of subsection 29A-3-301(a)(2); and

(3) State whether the original of the last will of the decedent is in the possession of the court or accompanies the petition.

(c) If the original will is neither in the possession of the court nor accompanies the petition and no certified copy of a will probated in another jurisdiction accompanies the petition, the petition also must state the contents of the will, and indicate that it is lost, destroyed, or otherwise unavailable.

(d) If the original will, or certified copy of the will as probated in another jurisdiction, is not available, the contents of the will can be proved by a copy of the will and the testimony or affidavit of at least one credible witness that the copy is a true copy of the original, and the will may be admitted to probate if the court is reasonably satisfied that the will was not revoked by the testator. If a copy of the will is not available, the contents of the will can be proved only by clear and convincing proof, and the court shall enter an order setting forth the contents and the names of the witnesses.

(e) A petition for adjudication of intestacy and appointment of a personal representative in intestacy shall request a judicial finding and order determining the heirs and that the decedent left no valid will, and shall contain the statements required by subsections 29A-3-301(a)(1) and (a)(4) and indicate whether supervised administration is sought. A petition may request an order determining intestacy and heirs without requesting the appointment of a personal representative, in which case, the statements required by paragraph (ii) of subsection 29A-3-301(a)(4) above may be omitted.

Source: SL 1994, ch 232, § 3-402; SL 1995, ch 167, § 112; SL 2002, ch 138, § 3.
S.D. Codified Laws § 29A-5-315 — SD Code / Title 29A / Chapter 5 / Section 29A-5-315
Temporary guardian or conservator of protected person
Status: in_force

The court may appoint a temporary guardian or conservator, or both, under this section and §§ 29A-5-301 to 29A-5-314 , inclusive, upon a showing that an immediate need exists, that adherence to the regular procedures for the appointment of a guardian or conservator may result in significant harm to the person alleged to need protection or the estate, and that no other individual or entity appears to have authority to act on behalf of the person or estate, or that the individual or entity with authority to act is unwilling or has ineffectively exercised the authority.

A temporary guardian or conservator shall have only those powers and duties which are specifically set forth in the order of appointment. The appointment of a temporary guardian or conservator shall expire within ninety days unless extended by the court for up to an additional ninety days for good cause shown.

An appointment of a temporary guardian or conservator shall be made upon such notice and subject to such conditions as the court may order, except that reasonable notice of hearing shall be given to the person alleged to need protection unless there is a showing that such delay may result in significant harm to the person or the estate.

Within five days following an appointment, a temporary guardian or conservator shall mail a copy of the order of appointment, together with a brief statement of rights to seek termination or modification, to the protected person and to all individuals and entities that would be entitled to notice of hearing on a petition for a regular appointment.

Source: SL 1993, ch 213, § 43; SDCL 30-36-43; SL 1995, ch 167, § 181.
S.D. Codified Laws § 29A-5-117 — SD Code / Title 29A / Chapter 5 / Section 29A-5-117
Appointment of attorney, guardian ad litem, or court representative
Status: in_force

Nothing in this chapter precludes the appointment of an attorney, guardian ad litem, or court representative if the court determines that such an appointment is necessary.

Source: SL 1993, ch 213, § 17; SDCL 30-36-17; SL 1995, ch 167, § 181.
S.D. Codified Laws § 29A-6-407 — SD Code / Title 29A / Chapter 6 / Section 29A-6-407
Capacity of transferor
Status: in_force

The capacity required to make or revoke a transfer on a death deed is the same as the capacity required to make a will.

Source: SL 2014, ch 133, § 7.
S.D. Codified Laws § 29A-1-307 — SD Code / Title 29A / Chapter 1 / Section 29A-1-307
Performance of acts and orders
Status: in_force

The acts and orders which this code specifies as performable by the clerk of court may be performed either by a judge of the court or by the clerk.

Source: SL 1995, ch 167, § 1-307.
S.D. Codified Laws § 29A-2-203 — SD Code / Title 29A / Chapter 2 / Section 29A-2-203
Computation of augmented estate
Status: in_force

Subject to § 29A-2-208 , the value of the augmented estate, to the extent provided in §§ 29A-2-204 , 29A-2-205 , 29A-2-206 , and 29A-2-207 , consists of the sum of the values of all property, whether real or personal, movable or immovable, tangible or intangible, wherever situated, that constitute the decedent's net probate estate, the decedent's nonprobate transfers to others, the decedent's nonprobate transfers to the surviving spouse, and the surviving spouse's property and nonprobate transfers to others.

Source: SL 1995, ch 167, § 2-203.
S.D. Codified Laws § 29A-5-209 — SD Code / Title 29A / Chapter 5 / Section 29A-5-209
Mailing copy of appointment order
Status: in_force

The guardian or conservator shall mail a copy of the order of appointment within fourteen days following its entry to the minor, if age ten or older, and to all individuals and entities given notice of the petition.

Source: SL 1993, ch 213, § 27; SDCL 30-36-27; SL 1995, ch 167, § 181.
S.D. Codified Laws § 29A-1-305 — SD Code / Title 29A / Chapter 1 / Section 29A-1-305
Records and certified copies
Status: in_force

The clerk of court shall maintain a record of each document relating to a decedent's estate or guardianship or conservatorship which may be filed with the court under this code, including petitions and applications, demands for notices, and of any orders or responses relating thereto, and establish and maintain a system for indexing, filing, or recording which is sufficient to enable users of the records to obtain adequate information. Upon payment of the fees required by law the clerk must issue certified copies of any probated wills, letters, or any other record of paper filed or recorded. Certificates relating to probated wills must indicate whether the decedent was domiciled in this state and whether the probate was formal or informal. Certificates relating to letters must show the date of appointment.

Source: SL 1995, ch 167, § 1-305.
S.D. Codified Laws § 29A-6-424 — SD Code / Title 29A / Chapter 6 / Section 29A-6-424
More than one transfer on death deed at time of death--Beneficiaries jointly and severally liable to creditors
Status: in_force

In any case where a deceased transferor has more than one transfer on death deed at the time of transferor's death, all of the beneficiaries therein are jointly and severally liable to the creditors or personal representative of the deceased transferor as herein provided and any beneficiary who is made a defendant in any action has the right to require any other such beneficiary within the jurisdiction of the court to be joined as a party defendant in the action and has the right of pro rata contribution against other beneficiaries, to the extent of their respective liability hereunder.

Source: SL 2014, ch 133, § 24.
S.D. Codified Laws § 29A-5A-103 — SD Code / Title 29A / Chapter 5A / Section 29A-5A-103
International application of chapter
Status: in_force

A court of this state may treat a foreign country as if it were a state for the purpose of applying §§ 29A-5A-101 to 29A-5A-302 , inclusive, 29A-5A-501 , and 29A-5A-502 .

Source: SL 2011, ch 135, § 103.
S.D. Codified Laws § 29A-3-907 — SD Code / Title 29A / Chapter 3 / Section 29A-3-907
Distribution in kind--Evidence
Status: in_force

If distribution in kind is made, the personal representative shall execute an instrument or deed of distribution assigning, transferring, or releasing the assets to the distributee as evidence of the distributee's title to the property.

Source: SL 1994, ch 232, § 3-907.
S.D. Codified Laws § 29A-2-206 — SD Code / Title 29A / Chapter 2 / Section 29A-2-206
Decedent's nonprobate transfers to surviving spouse
Status: in_force

Excluding property passing to the surviving spouse under the federal Social Security System, the value of the augmented estate includes the value of the decedent's nonprobate transfers to the decedent's surviving spouse, which consist of all property that passed outside probate at the decedent's death from the decedent to the surviving spouse by reason of the decedent's death, including:

(1) The decedent's fractional interest in property held as a joint tenant with the right of survivorship, to the extent that the decedent's fractional interest passed to the surviving spouse as surviving joint tenant;

(2) The decedent's ownership interest in property or accounts held in co - ownership registration with the right of survivorship, to the extent the decedent's ownership interest passed to the surviving spouse as surviving co - owner; and

(3) All other property that would have been included in the augmented estate under § 29A-2-205(1) or (2) had it passed to or for the benefit of a person other than the decedent's spouse, surviving spouse, the decedent, or the decedent's creditors, estate, or estate creditors.

Source: SL 1995, ch 167, § 2-206.
S.D. Codified Laws § 29A-2-704 — SD Code / Title 29A / Chapter 2 / Section 29A-2-704
Power of appointment--Meaning of specific reference requirement
Status: in_force

If a governing instrument creating a power of appointment expressly requires that the power be exercised by a reference, an express reference, or a specific reference, to the power or its source, it is presumed that the donor's intention, in requiring that the donee exercise the power by making reference to the particular power or to the creating instrument, was to prevent an inadvertent exercise of the power.

Source: SL 1995, ch 167, § 2-704.
S.D. Codified Laws § 29A-1-103 — SD Code / Title 29A / Chapter 1 / Section 29A-1-103
Supplementary general principles of laws applicable
Status: in_force

Unless displaced by the particular provisions of this code, the principles of law and equity supplement its provisions.

Source: SL 1995, ch 167, § 1-103.
S.D. Codified Laws § 29A-5-115 — SD Code / Title 29A / Chapter 5 / Section 29A-5-115
Payment or delivery to nonresident conservator or like fiduciary--Proof of appointment
Status: in_force

Any individual or entity indebted to a minor or protected person or having possession of a minor's or protected person's personal property, whether tangible or intangible, including an instrument evidencing a debt, stock, or right of action, may pay or deliver it to a conservator of the estate or like fiduciary appointed in another state upon presentation of proof of appointment and an affidavit stating that no conservatorship proceeding relating to the minor or protected person is pending in this state, and that the nonresident conservator or like fiduciary is entitled to payment or delivery.

Source: SL 1993, ch 213, § 15; SDCL 30-36-15; SL 1995, ch 167, § 181.
S.D. Codified Laws § 29A-2-104 — SD Code / Title 29A / Chapter 2 / Section 29A-2-104
Requirement that heir survive decedent for 120 hours
Status: in_force

An individual who fails to survive the decedent by 120 hours is deemed to have predeceased the decedent for purposes of homestead allowance, exempt property, and intestate succession, and the decedent's heirs are determined accordingly. This section is not to be applied if its application would result in a taking of intestate estate by the state under § 29A-2-105 .

Source: SL 1995, ch 167, § 2-104.
S.D. Codified Laws § 29A-2-202 — SD Code / Title 29A / Chapter 2 / Section 29A-2-202
Elective share
Status: in_force

(a) The surviving spouse of a decedent who dies domiciled in this State has a right of election, under the limitations and conditions stated in this Part, to take an elective - share amount equal to the value of the elective - share percentage of the augmented estate, determined by the length of time the spouse and the decedent were married to each other, in accordance with the following schedule:

(b) If the sum of the amounts described in §§ 29A-2-207 , 29A-2-209(a)(1), and that part of the elective - share amount payable from the decedent's probate estate and nonprobate transfers to others under § 29A-2-209(b) and (c) is less than $50,000, the surviving spouse is entitled to take a supplemental elective - share amount equal to $50,000, minus the sum of the amounts described in those sections. The supplemental elective - share amount is payable from the decedent's probate estate and from recipients of the decedent's nonprobate transfers to others in the order of priority set forth in § 29A-2-209(b) and (c).

(c) If the right of election is exercised by or on behalf of the surviving spouse, the surviving spouse's homestead allowance, exempt property, and family allowance, if any, are not charged against but are in addition to the elective - share and supplemental elective - share amounts.

(d) The right, if any, of the surviving spouse of a decedent who dies domiciled outside this state to take an elective share in property in this state is governed by the law of the decedent's domicile at death.

Source: SL 1995, ch 167, § 2-202.
S.D. Codified Laws § 29A-5-401 — SD Code / Title 29A / Chapter 5 / Section 29A-5-401
Responsibility of guardian of minor--Authority with regard to guardian appointed under other chapters
Status: in_force

A guardian of a minor shall be responsible for making decisions regarding the minor's support, care, health, education, and, if not inconsistent with an order of commitment or custody, to take custody of the minor and to determine the minor's residence. A guardian shall maintain sufficient contact with the minor to know of the minor's capabilities, limitations, needs, and opportunities. A guardian shall at all times act in the minor's best interests, shall exercise reasonable care, diligence and prudence, and shall report on the condition of the minor as ordered by the court.

In the event that guardians of a minor have been appointed both under this chapter and under the provisions of chapters 26-7A , 26-8A , 26-8B , and 26-8C , the guardian appointed under this chapter has no authority with respect to the powers delegated to the guardian appointed under chapters 26-7A , 26-8A , 26-8B , and 26-8C .

Source: SL 1993, ch 213, § 44; SDCL 30-36-44 ; SL 1995, ch 167, § 181.
S.D. Codified Laws § 29A-1-103.1 — SD Code / Title 29A / Chapter 1 / Section 29A-1-103.1
Certain provisions governing express trusts for third-party beneficiaries applicable
Status: in_force

The provisions of §§ 55-3-24 to 55-3-44 , inclusive, are applicable to actions or proceedings relating to estates supervised or administered under Title 29A.

Source: SL 2000, ch 229, § 21.
S.D. Codified Laws § 29A-3-1003 — SD Code / Title 29A / Chapter 3 / Section 29A-3-1003
Closing estates--By sworn statement of personal representative
Status: in_force

(a) Unless prohibited by order of the court and except for estates being administered in supervised administration proceedings, a personal representative may close an estate by filing with the court no earlier than four months after the date of original appointment of a general personal representative for the estate, a verified statement stating that the personal representative or a previous personal representative, has:

(1) Determined that the time limit for presentation of creditors' claims has expired or has made a diligent search for the creditors of the estate and affirms to the best of the personal representative's knowledge, information, and belief that all known creditors have been paid in full and if there are other creditors of the decedent, they are unknown to the personal representative and could not, with reasonable diligence, be ascertained;

(2) Determined that all inheritance taxes and state estate taxes due from the estate have been duly determined and are fully paid;

(3) Fully administered the estate of the decedent by making payment, settlement, or other disposition of all claims that were properly presented, expenses of administration and other charges, except as specified in the statement, and that the assets of the estate have been distributed to the persons so entitled. If any claims remain undischarged, the statement shall state whether the personal representative has distributed the estate subject to possible liability with the agreement of the distributees or state in detail other arrangements that have been made to accommodate outstanding liabilities; and

(4) Sent a copy of the statement and a full accounting to all heirs and devisees who are entitled to distribution of and from the remaining assets of the estate and to all known creditors and other claimants whose claims are neither paid nor barred.

(b) If no proceedings involving the personal representative are pending in the court one year after the closing statement is filed, the appointment of the personal representative terminates.

(c) Any accounting required under this section may be waived if the persons entitled to a copy consent in writing.

Source: SL 1994, ch 232, § 3-1003; SL 1995, ch 167, § 134; SL 2000, ch 138, § 1.
S.D. Codified Laws § 29A-2-101 — SD Code / Title 29A / Chapter 2 / Section 29A-2-101
Intestate estate
Status: in_force

(a) Any part of a decedent's estate not effectively disposed of by will or otherwise passes by intestate succession to the decedent's heirs as prescribed in this code, except as modified by the decedent's will.

(b) A decedent by will may expressly exclude or limit the right of an individual or class to succeed to property of the decedent passing by intestate succession. If that individual or a member of that class survives the decedent, the share of the decedent's intestate estate to which that individual or class would have succeeded passes as if that individual or all members of that class had disclaimed their intestate shares.

Source: SL 1995, ch 167, § 2-101.
S.D. Codified Laws § 29A-5-119 — SD Code / Title 29A / Chapter 5 / Section 29A-5-119
Training curricula for persons appointed as guardians and conservators
Status: in_force

The State Bar of South Dakota shall prepare and approve training curricula for persons appointed as guardians and conservators. The training curricula shall include:

(1) The rights of minors and protected persons under this chapter and under the laws of the United States generally;

(2) The duties and responsibilities of guardians and conservators;

(3) Reporting requirements;

(4) Least restrictive options in the areas of housing, medical care, and psychiatric care; and

(5) Resources to assist guardians and conservators in fulfilling their duties.

Each person appointed by the court to be a guardian or conservator before July 1, 2021, shall complete the training curricula within four months after July 1, 2021. A person may not be appointed by the court as a guardian or conservator on or after July 1, 2021, until the person completes the training curricula.

Source: SL 2016, ch 120, § 38; SL 2021, ch 121, § 2.
S.D. Codified Laws § 29A-5-205 — SD Code / Title 29A / Chapter 5 / Section 29A-5-205
Court appointment of attorney to protect minor's interest--Investigation by court-appointed representative
Status: in_force

The court may appoint an attorney for the minor, either upon the filing of the petition or at any time thereafter, if it concludes that an appointment is necessary to protect the minor's interests, and the court may appoint a court representative to make such investigations as the court shall order if it concludes that an appointment is necessary for a reasonably informed decision on the petition.

Source: SL 1993, ch 213, § 23; SDCL 30-36-23; SL 1995, ch 167, § 181.
S.D. Codified Laws § 29A-3-1006 — SD Code / Title 29A / Chapter 3 / Section 29A-3-1006
Limitations on actions and proceedings against distributees
Status: in_force

Unless previously adjudicated in a formal testacy proceeding or in a proceeding settling the accounts of a personal representative or otherwise barred, the claim of a claimant to recover from a distributee who is liable to pay the claim, and the right of an heir or devisee, or of a successor personal representative acting in their behalf, to recover property improperly distributed or its value from any distributee is forever barred (i) if a claim by a creditor of the decedent, three years after the decedent's death, and (ii) any other claimant and any heir or devisee, at the later of three years after the decedent's death or one year after the time of its distribution. This section does not bar an action to recover property or value received as a result of fraud.

Source: SL 1994, ch 232, § 3-1006.
S.D. Codified Laws § 29A-4-303 — SD Code / Title 29A / Chapter 4 / Section 29A-4-303
Service on foreign personal representative
Status: in_force

Notice shall be given to a foreign personal representative in the manner prescribed by § 29A-1-401 .

Source: SL 1994, ch 232, § 4-303.
S.D. Codified Laws § 29A-3-815 — SD Code / Title 29A / Chapter 3 / Section 29A-3-815
Administration in more than one state--Duty of personal representative
Status: in_force

(a) All assets of estates being administered in this state are subject to all claims, allowances and charges existing or established against the personal representative wherever appointed.

(b) If the estate, either in this state or as a whole, is insufficient to cover family exemptions and allowances determined by the law of the decedent's domicile, and claims and prior charges, each claimant whose claim has been allowed either in this state or elsewhere in administrations of which the personal representative is aware, is entitled to receive payment of an equal proportion of the claim, after satisfaction of the exemptions, allowances and prior charges. If a preference or security in regard to a claim is allowed in another jurisdiction but not in this state, the creditor so benefited is to receive distribution from local assets only upon the balance of the claim after deducting the amount of the benefit.

(c) In case the family exemptions and allowances, claims and prior charges of the entire estate exceed the total value of the portions of the estate being administered separately and this state is not the state of the decedent's last domicile, the claims allowed in this state shall be paid their proportion if local assets are adequate for the purpose, and the balance of local assets shall be transferred to the domiciliary personal representative. If local assets are not sufficient to pay all claims allowed in this state the amount to which they are entitled, local assets shall be marshaled so that each claim allowed in this state is paid its proportion as far as possible, after taking into account all distributions on claims allowed in this state from assets in other jurisdictions.

Source: SL 1994, ch 232, § 3-815.
S.D. Codified Laws § 29A-5A-205 — SD Code / Title 29A / Chapter 5A / Section 29A-5A-205
Exclusive and continuing jurisdiction
Status: in_force

Except as otherwise provided in § 29A-5A-204 , a court that has appointed a guardian or issued a protective order consistent with this chapter has exclusive and continuing jurisdiction over the proceeding until it is terminated by the court or the appointment or order expires by its own terms.

Source: SL 2011, ch 135, § 205.
S.D. Codified Laws § 29A-2-113 — SD Code / Title 29A / Chapter 2 / Section 29A-2-113
Individual related to decedent through two lines
Status: in_force

An individual who is related to the decedent through two lines of relationship is entitled to only a single share based on the relationship that would entitle the individual to the larger share.

Source: SL 1995, ch 167, § 2-113.
S.D. Codified Laws § 29A-3-912 — SD Code / Title 29A / Chapter 3 / Section 29A-3-912
Private agreements among successors to decedent binding on personal representative
Status: in_force

Subject to the right of creditors and taxing authorities, competent successors may agree among themselves to alter the interests, shares, or amounts to which they are entitled under the will of the decedent, or under the laws of intestacy, in any way that they provide in a written contract executed by all who are affected by its provisions. The personal representative shall abide by the terms of the agreement subject to the obligation to administer the estate for the benefit of creditors, to pay all taxes and costs of administration, and to carry out the responsibilities of office for the benefit of any successors of the decedent who are not parties. Personal representatives of decedents' estates are not required to see to the performance of trusts if the trustee thereof is another person who is willing to accept the trust. Accordingly, trustees of a testamentary trust are successors for the purposes of this section. Nothing herein relieves trustees of any duties owed to beneficiaries of trusts.

Source: SL 1994, ch 232, § 3-912.
S.D. Codified Laws § 29A-1-301 — SD Code / Title 29A / Chapter 1 / Section 29A-1-301
Territorial application
Status: in_force

Except as otherwise provided in this code, this code applies to and the court has jurisdiction over (1) the estates of decedents and absentees domiciled in this state, (2) the property of nonresident decedents located in this state or property coming into the control of a fiduciary who is subject to the laws of this state, (3) guardianship proceedings for individuals domiciled in or located in this state, (4) conservatorship proceedings for individuals domiciled in or who have property located in this state, and (5) multiple - person bank accounts and other nonprobate transfers in this state.

Source: SL 1995, ch 167, § 1-301.
S.D. Codified Laws § 29A-4-101 — SD Code / Title 29A / Chapter 4 / Section 29A-4-101
Definitions
Status: in_force

In this chapter:

(1) "Local administration" means administration by a personal representative appointed in this state pursuant to appointment proceedings described in chapter 29A-3 ;

(2) "Local personal representative" includes any personal representative appointed in this state pursuant to appointment proceedings described in chapter 29A-3 and excludes foreign personal representatives who acquire the power of a local personal representative pursuant to § 29A-4-205 ;

(3) "Resident creditor" means a person domiciled in, or doing business in this state, who is, or could be, a claimant against an estate of a nonresident decedent.

Source: SL 1994, ch 232, § 4-101; SL 1995, ch 167, § 139.
S.D. Codified Laws § 29A-3-613 — SD Code / Title 29A / Chapter 3 / Section 29A-3-613
Successor personal representative
Status: in_force

Parts 3 and 4 of this chapter govern proceedings for appointment of a personal representative to succeed one whose appointment has been terminated. After appointment and qualification, a successor personal representative may be substituted in all actions and proceedings to which the former personal representative was a party, and no notice, process or claim which was given or served upon the former personal representative need be given to or served upon the successor in order to preserve any position or right the person giving the notice or filing the claim may thereby have obtained or preserved with reference to the former personal representative.

Source: SL 1994, ch 232, § 3-613.
S.D. Codified Laws § 29A-5-302 — SD Code / Title 29A / Chapter 5 / Section 29A-5-302
Appointment of guardian where capacity lacking to meet requirements for health, care, safety, habilitation, or therapeutic needs
Status: in_force

A guardian may be appointed for an individual whose ability to respond to people, events, and environments is impaired to such an extent that the individual lacks the capacity to meet the essential requirements for his health, care, safety, habilitation, or therapeutic needs without the assistance or protection of a guardian. A guardian for a minor may be appointed under this part if the minor meets the requirements of this section without regard to age and the minor's need for guardianship will likely continue into his adult years.

Source: SL 1993, ch 213, § 30; SDCL 30-36-30; SL 1995, ch 167, § 181.
S.D. Codified Laws § 29A-4-207 — SD Code / Title 29A / Chapter 4 / Section 29A-4-207
Ancillary and other local administrations--Provisions governing
Status: in_force

In respect to a nonresident decedent, the provisions of chapter 29A-3 govern (1) proceedings, if any, in a court of this state for probate of the will, appointment, removal, supervision, and discharge of the local personal representative, and any other order concerning the estate; and (2) the status, powers, duties, and liabilities of any local personal representative and the rights of claimants, purchasers, distributees, and others in regard to a local administration.

Source: SL 1994, ch 232, § 4-207.
S.D. Codified Laws § 29A-5A-102 — SD Code / Title 29A / Chapter 5A / Section 29A-5A-102
Definitions
Status: in_force

In this chapter:

(1) "Adult" means an individual who has attained eighteen years of age.

(2) "Conservator" means a person appointed by the court to administer the property of an adult, including a person appointed under chapter 29A-5 .

(3) "Guardian" means a person appointed by the court to make decisions regarding the person of an adult, including a person appointed under chapter 29A-5 , but excludes one who is merely a guardian ad litem.

(4) "Guardianship order" means an order appointing a guardian, limited guardian, or temporary guardian.

(5) "Guardianship proceeding" means a judicial proceeding in which an order for the appointment of a guardian is sought or has been issued.

(6) "Party" means the respondent, petitioner, guardian, conservator, or any other person allowed by the court to participate in a guardianship or protective proceeding.

(7) "Person," except in the term, protected person, means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government or governmental subdivision, agency, or instrumentality, or any other legal or commercial entity.

(8) "Protected person" means an adult for whom a guardian or conservator has been appointed.

(9) "Protective order" means an order appointing a conservator or other order related to management of an adult's property.

(10) "Protective proceeding" means a judicial proceeding in which a protective order is sought or has been issued.

(11) "Provisional order" means a temporary, preliminary, or tentative order which must be finalized by a subsequent order.

(12) "Record" means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.

(13) "Respondent" means an adult alleged to need protection for whom a protective order or the appointment of a guardian is sought.

(14) "State" means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, a federally recognized Indian tribe, or any territory or insular possession subject to the jurisdiction of the United States.

Source: SL 2011, ch 135, § 102.
S.D. Codified Laws § 29A-5-112 — SD Code / Title 29A / Chapter 5 / Section 29A-5-112
Action for breach of bond--Time limit
Status: in_force

In case of a breach of any condition on a guardian's or conservator's bond, an action may be maintained by any interested person for the use and benefit of the minor, the protected person, or the estate. However, no action may be maintained against the sureties on a bond unless such action is filed within four years after the guardian's or conservator's discharge or removal or within four years from the date the order surcharging the guardian or conservator becomes final, whichever is later.

Source: SL 1993, ch 213, § 12; SDCL 30-36-12; SL 1995, ch 167, § 181.
S.D. Codified Laws § 29A-3-503 — SD Code / Title 29A / Chapter 3 / Section 29A-3-503
Supervised administration--Effect on other proceedings
Status: in_force

(a) The pendency of a proceeding for supervised administration of a decedent's estate stays action on any informal application then pending or thereafter filed.

(b) If a will has been previously probated in informal proceedings, the effect of the filing of a petition for supervised administration is as provided for formal testacy proceedings by § 29A-3-401 .

(c) After the personal representative has received notice of the filing of a petition for supervised administration, a personal representative who has been appointed previously shall not exercise the power to distribute any estate. The filing of the petition does not affect other powers and duties unless the court restricts the exercise of any of them pending full hearing on the petition.

Source: SL 1994, ch 232, § 3-503.