S.D. Codified Laws § 29A-6-303 — SD Code / Title 29A / Chapter 6 / Section 29A-6-303
Registration in beneficiary form--Applicable law
Status: in_force

A security may be registered in beneficiary form if the form is authorized by this or a similar statute of the state of organization of the issuer or registering entity, the location of the registering entity's principal office, the office of its transfer agent or its office making the registration, or by this or a similar statute of the law of the state listed as the owner's address at the time of registration. A registration governed by the law of a jurisdiction in which this or similar legislation is not in force or was not in force when a registration in beneficiary form was made is nevertheless presumed to be valid and authorized as a matter of contract law.

Source: SL 1995, ch 168, § 6-303.
S.D. Codified Laws § 29A-3-1101 — SD Code / Title 29A / Chapter 3 / Section 29A-3-1101
Effect of approval of agreements involving trusts, inalienable interests, or interests of third persons
Status: in_force

A compromise of any controversy as to admission to probate of any instrument offered for formal probate as the will of a decedent, the construction, validity, or effect of any governing instrument, the rights or interests in the estate of the decedent, of any successor, or the administration of the estate, if approved in a formal proceeding in the court for that purpose, is binding on all the parties thereto including those unborn, unascertained or who could not be located. An approved compromise is binding even though it may affect a trust or an inalienable interest.

Source: SL 1994, ch 232, § 3-1101.
S.D. Codified Laws § 29A-5-311 — SD Code / Title 29A / Chapter 5 / Section 29A-5-311
Protected person's pre-hearing record sealed
Status: in_force

The evaluation report, statement of financial resources, and written report of the court representative shall be sealed upon filing and may not be made a part of the public record of the proceeding but shall be available to the court, to the person alleged to need protection, to the petitioner, to the court representative, to their attorneys, and to such other interested persons as the court may order upon a showing of the need.

Source: SL 1993, ch 213, § 39; SDCL 30-36-39; SL 1995, ch 167, § 181.
S.D. Codified Laws § 29A-5-510 — SD Code / Title 29A / Chapter 5 / Section 29A-5-510
State as conservator of protected person--Distribution of assets upon death
Status: in_force

Notwithstanding any other statutory provision to the contrary, if the State of South Dakota is the conservator of a protected person and if the assets of the conservatorship are less than two thousand dollars, upon the death of the protected person, the conservator may elect to provide notice pursuant to § 29A-5-410 and obtain court approval to pay the debts and distribute the assets of the protected person to the heirs and devisees of the protected person pursuant to chapter 29A-2 .

Source: SL 2010, ch 144, § 1.
S.D. Codified Laws § 29A-3-717 — SD Code / Title 29A / Chapter 3 / Section 29A-3-717
Co-representatives--When joint action required
Status: in_force

If two or more persons are appointed co - representatives and unless the will provides otherwise, the concurrence of a majority is required on all acts connected with the administration and distribution of the estate. This restriction does not apply when any co - representative receives and receipts for property due the estate, when the concurrence of a majority cannot readily be obtained in the time reasonably available for emergency action necessary to preserve the estate, or when a co - representative has been delegated to act for the others. Persons dealing with a co - representative if actually unaware that another has been appointed to serve or if advised by the personal representative with whom they deal that the personal representative has authority to act alone for any of the reasons mentioned herein, are as fully protected as if the person with whom they dealt has been the sole personal representative.

Source: SL 1994, ch 232, § 3-717.
S.D. Codified Laws § 29A-1-201 — SD Code / Title 29A / Chapter 1 / Section 29A-1-201
General definitions
Status: in_force

Subject to additional definitions contained in the subsequent chapters that are applicable to specific chapters, parts, or sections, and unless the context otherwise requires, in this code:

(1) "Absentee" means an individual who has disappeared, who has been forcibly detained either illegally or by a foreign power, or who is otherwise located in a foreign country and is unable to return.

(2) "Agent" includes an attorney-in-fact under a durable or nondurable power of attorney.

(3) "Application" means a written request to the clerk of court for an order of informal probate or appointment under Part 3 of chapter 29A-3 .

(4) "Beneficiary," as it relates to a trust beneficiary, includes a person who has any present or future interest, vested or contingent, and also includes the owner of an interest by assignment or other transfer; as it relates to a charitable trust, includes any person entitled to enforce the trust; as it relates to a "beneficiary of a beneficiary designation," refers to a beneficiary of an insurance or annuity policy, of a POD account, of a security registered in beneficiary form (TOD), or of a pension, profit-sharing, retirement, or similar benefit plan, or other nonprobate transfer at death; and, as it relates to a "beneficiary designated in a governing instrument," includes a grantee of a deed, a devisee, a trust beneficiary, a beneficiary of a beneficiary designation, a donee, appointee, or taker in default of a power of appointment, and a person in whose favor a power of attorney or a power held in any individual, fiduciary, or representative capacity is exercised.

(5) "Beneficiary designation" refers to a governing instrument naming a beneficiary of an insurance or annuity policy, of a POD account, of a security registered in beneficiary form (TOD), or of a pension, profit-sharing, retirement, or similar benefit plan, or other nonprobate transfer at death.

(6) "Child" includes an individual entitled to take as a child under this code by intestate succession from the parent whose relationship is involved and excludes a person who is only a stepchild, a foster child, a grandchild, or any more remote descendant. Any child of a deceased parent who is born after the decedent's death is considered a child in being at the decedent's death, if the child was conceived prior to the decedent's death, was born within ten months of the decedent's death, and survived one hundred twenty hours or more after birth.

(7) "Claims," in respect to estates of decedents, includes liabilities of the decedent whether arising in contract, in tort, or otherwise, and liabilities of the estate which arise at or after the death of the decedent, including funeral expenses and expenses of administration. The term does not include estate or inheritance taxes, or demands or disputes regarding title of a decedent to specific assets alleged to be included in the estate.

(8) "Court" means the circuit court.

(9) "Conservator" means a person appointed by a court to manage the estate of a minor or protected person.

(10) "Descendant" of an individual means the individual's descendants of all generations, with the relationship of parent and child at each generation being determined by the definition of child and parent contained in this code.

(11) "Devise," when used as a noun, means a testamentary disposition of real or personal property and, when used as a verb, means to dispose of real or personal property by will.

(12) "Devisee" means a person designated in a will to receive a devise. For the purposes of chapter 29A-2 , in the case of a devise to an existing trust or trustee, or to a trustee or trust described by will, the beneficiaries are devisees and the trustee or trust is not a devisee. For purposes of chapter 29A-3 , the trust or trustee is the devisee and the beneficiaries are not devisees.

(13) "Distributee" means any person who has received property of a decedent from a personal representative other than as a creditor or purchaser. A testamentary trustee is a distributee only to the extent of distributed assets or increment thereto remaining with the trustee. A beneficiary of a testamentary trust to whom the trustee has distributed property received from a personal representative is a distributee of the personal representative. For the purposes of this provision, "testamentary trustee" includes a trustee to whom assets are transferred by will, to the extent of the devised assets.

(14) "Estate" includes the property of the decedent, trust, or other person whose affairs are subject to this code as originally constituted and as it exists from time to time during administration.

(15) "Exempt property" means the property of a decedent's estate which is referred to in § 29A-2-402 .

(16) "Fiduciary" includes a personal representative, guardian, conservator, and trustee.

(17) "Foreign personal representative" means a personal representative appointed by another jurisdiction.

(18) "Formal proceedings" means proceedings conducted before a judge with notice to interested persons.

(19) "Governing instrument" means a deed, will, trust, insurance or annuity policy, POD account, security registered in beneficiary form (TOD), pension, profit-sharing, retirement, or similar benefit plan, instrument creating or exercising a power of appointment or a power of attorney, or a dispositive, appointive, or nominative instrument of any similar type.

(20) "Guardian" means a person appointed by a court to be responsible for the personal affairs of a minor or protected person, but excludes one who is merely a guardian ad litem.

(21) "Heirs," except as controlled by § 29A-2-711 , means persons, including the surviving spouse and the state, who are entitled under the statutes of intestate succession to the property of a decedent.

(22) "Informal proceedings" means those conducted without notice to interested persons by the clerk of court.

(23) "Interested person" includes heirs, devisees, children, spouses, creditors, beneficiaries, and any others having a property right in or claim against a trust estate or the estate of a decedent, minor, or protected person. It also includes persons having priority for appointment as personal representative, and other fiduciaries representing interested persons. The meaning as it relates to particular persons may vary from time to time and must be determined according to the particular purposes of, and matter involved in, any proceeding.

(24) "Joint tenants with the right of survivorship" and "community property with the right of survivorship" includes co-owners of property held under circumstances that entitle one or more to the whole of the property on the death of the other or others, but excludes forms of co-ownership registration in which the underlying ownership of each party is in proportion to that party's contribution.

(25) "Lease" includes an oil, gas, or other mineral lease.

(26) "Letters" includes letters testamentary, letters of guardianship, letters of administration, and letters of conservatorship.

(27) "Minor" means an individual who is under eighteen years of age.

(28) "Mortgage" means any conveyance, agreement, or arrangement in which property is encumbered or used as security.

(29) "Nonresident decedent" means a decedent who was domiciled in another jurisdiction at the time of death.

(30) "Organization" means a corporation, business trust, limited liability company, estate, trust, partnership, joint venture, association, government or governmental subdivision or agency, or any other legal or commercial entity.

(31) "Parent" includes any person entitled to take, or who would be entitled to take if the child died without a will, as a parent under this code by intestate succession from the child whose relationship is in question and excludes any person who is only a stepparent, foster parent, or grandparent.

(32) "Payor" means a trustee, insurer, business entity, employer, government, governmental agency or subdivision, or any other person authorized or obligated by law or a governing instrument to make payments.

(33) "Person" means an individual or an organization.

(34) "Personal representative" includes executor, administrator, successor personal representative, special administrator, and persons who perform substantially the same function under the law governing their status. "General personal representative" excludes a special administrator.

(35) "Petition" means a written request to the court for an order after notice.

(36) "Power of appointment" means a power to vest absolute ownership in the property subject to the power, whether or not the powerholder then had capacity to exercise the power. "General power of appointment" means a power exercisable in favor of the powerholder, the powerholder's estate, the powerholder's creditors, or the creditors of the powerholder's estate, whether or not the power is also exercisable in favor of others. "Presently exercisable general power of appointment" includes a power to revoke or invade the principal of a trust or other property arrangement, but excludes a power exercisable only by the powerholder's will.

(37) "Proceeding" includes action at law and suit in equity.

(38) "Property" includes both real and personal property or any interest therein and means anything that may be the subject of ownership.

(39) "Protected person" means an individual for whom a guardian or conservator has been appointed other than for reasons of minority.

(40) "Security" includes any note, stock, treasury stock, bond, debenture, evidence of indebtedness, certificate of interest or participation in an oil, gas, or mining title or lease or in payments out of production under such a title or lease, collateral trust certificate, transferable share, voting trust certificate, and, in general, any interest or instrument commonly known as a security, or any certificate of interest or participation, any temporary or interim certificate, receipt, or certificate of deposit for, or any warrant or right to subscribe to or purchase, any of the foregoing.

(41) "Settlement," in reference to a decedent's estate, includes the full process of administration, distribution, and closing.

(42) "Special administrator" means a personal representative as described by §§ 29A-3-614 to 29A-3-618 , inclusive.

(43) "State" means a state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, or any territory or insular possession subject to the jurisdiction of the United States.

(44) "Stepchild," with reference to an individual, means a child of the individual's spouse, including a child of a surviving or deceased spouse but excluding a child of the individual or a child of a divorced spouse.

(45) "Successor personal representative" means a personal representative, other than a special administrator, who is appointed to succeed a previously appointed personal representative.

(46) "Successors" means persons, other than creditors, who are entitled to property of a decedent under the decedent's will or this code.

(47) "Supervised administration" refers to the proceedings described in chapter 29A-3 , Part 5.

(48) "Survive" means that an individual has neither predeceased an event, including the death of another individual, nor is deemed to have predeceased an event under § 29A-2-104 or 29A-2-702 . The term includes its derivatives, such as "survives," "survived," "survivor," and "surviving."

(49) "Testacy proceeding" means a proceeding to establish a will or determine intestacy.

(50) "Trust" includes an express trust, private or charitable, with additions thereto, wherever and however created. The term also includes a trust created or determined by judgment or decree under which the trust is to be administered in the manner of an express trust. The term excludes other constructive trusts and excludes resulting trusts, conservatorships, personal representatives, trust accounts as defined in § 29A-6-101 , custodial arrangements for minors pursuant to chapter 55-10A , business trusts providing for certificates to be issued to beneficiaries, common trust funds, voting trusts, security arrangements, liquidation trusts, and trusts for the primary purpose of paying debts, dividends, interest, salaries, wages, profits, pensions, or employee benefits of any kind, and any arrangement under which a person is nominee or escrowee for another.

(51) "Trustee" includes an original, additional, or successor trustee, whether or not appointed or confirmed by a court.

(52) "Will" means an instrument, including a codicil, executed with testamentary intent and in the manner prescribed by this code, including an instrument which (i) disposes of property on or after the testator's death, (ii) appoints a personal representative, (iii) revokes or amends another will, (iv) nominates a guardian or conservator, or (v) expressly excludes or limits the right of an individual or class to succeed to property of the decedent passing by intestate succession.

Source: SL 1995, ch 167, § 1-201; SL 2007, ch 247, § 4.
S.D. Codified Laws § 29A-3-903 — SD Code / Title 29A / Chapter 3 / Section 29A-3-903
Right of retainer
Status: in_force

Unless a contrary intent is indicated in the will, the amount of a noncontingent indebtedness of a successor to the estate if due, or its present value if not due, shall be offset against the successor's interest; but the successor has the benefit of any defense which would be available to the successor in a direct proceeding for recovery of the debt.

Source: SL 1994, ch 232, § 3-903.
S.D. Codified Laws § 29A-3-411 — SD Code / Title 29A / Chapter 3 / Section 29A-3-411
Formal testacy proceedings--Partial intestacy
Status: in_force

If it becomes evident in the course of a formal testacy proceeding that, though one or more instruments are entitled to be probated, the decedent's estate is or may be partially intestate, the court shall enter an order to that effect.

Source: SL 1994, ch 232, § 3-411.
S.D. Codified Laws § 29A-2-301 — SD Code / Title 29A / Chapter 2 / Section 29A-2-301
Entitlement of spouse--Premarital will
Status: in_force

(a) A testator's surviving spouse who married the testator after the execution of the testator's will is entitled to receive, as an intestate share, no less than the value of the share of the estate the surviving spouse would have received if the testator had died intestate, unless:

(1) It appears from the will or other evidence that the will was made in contemplation of the testator's marriage to the surviving spouse;

(2) The will expresses the intention that it is to be effective notwithstanding any subsequent marriage; or

(3) The testator provided for the spouse by transfer outside the will and the intent that the transfer be in lieu of a testamentary provision is shown by the testator's statements or is reasonably inferred from the amount of the transfer or other evidence.

(b) In satisfying the share provided by this section, devises made by the will to the testator's surviving spouse, if any, are applied first, and other devises abate as provided in § 29A-3-902 .

Source: SL 1995, ch 167, § 2-301.
S.D. Codified Laws § 29A-3-916 — SD Code / Title 29A / Chapter 3 / Section 29A-3-916
Apportionment of estate taxes
Status: in_force

(a) For purposes of this section:

(1) "Estate" means the gross estate of a decedent as determined for the purpose of federal estate tax and the estate tax payable to this state;

(2) "Persons" means any individual, partnership, association, joint stock company, corporation, government, political subdivision, governmental agency, or local governmental agency;

(3) "Person interested in the estate" means any person entitled to receive, or who has received, from a decedent or by reason of the death of a decedent any property or interest therein included in the decedent's estate. It includes a personal representative, conservator, and trustee;

(4) "State" means any state, territory, or possession of the United States, the District of Columbia, and the Commonwealth of Puerto Rico;

(5) "Tax" means the federal estate tax and interest and penalties imposed in addition to the tax;

(6) "Fiduciary" means personal representative or trustee.

(b) Except as provided in subsection (i) and, unless the will otherwise provides, the tax shall be apportioned among all persons interested in the estate. The apportionment is to be made in the proportion that the value of the interest of each person interested in the estate bears to the total value of the interests of all persons interested in the estate. The values used in determining the tax are to be used for that purpose. If the decedent's will directs a method of apportionment of tax different from the method described in this code, the method described in the will controls.

(c)(1) The court in which venue lies for the administration of the estate of a decedent, on petition for the purpose may determine the apportionment of the tax;

(2) If the court finds that it is inequitable to apportion interest and penalties in the manner provided in subsection (b), because of special circumstances, it may direct apportionment thereof in the manner it finds equitable;

(3) If the court finds that the assessment of penalties and interest assessed in relation to the tax is due to delay caused by the negligence of the fiduciary, the court may charge him with the amount of the assessed penalties and interest;

(4) In any action to recover from any person interested in the estate the amount of the tax apportioned to the person in accordance with this code, the determination of the court in respect thereto shall be prima facie correct.

(d)(1) The personal representative or other person in possession of the property of the decedent required to pay the tax may withhold from any property distributable to any person interested in the estate, upon its distribution to the person, the amount of tax attributable to the person's interest. If the property in possession of the personal representative or other person required to pay the tax and distributable to any person interested in the estate is insufficient to satisfy the proportionate amount of the tax determined to be due from the person, the personal representative or other person required to pay the tax may recover the deficiency from the person interested in the estate. If the property is not in the possession of the personal representative or the other person required to pay the tax, the personal representative or the other person required to pay the tax may recover from any person interested in the estate the amount of the tax apportioned to the person in accordance with this chapter;

(2) If property held by the personal representative is distributed prior to final apportionment of the tax, the distributee shall provide a bond or other security for the apportionment liability in the form and amount prescribed by the personal representative.

(e)(1) In making an apportionment, allowances shall be made for any exemptions granted, any classification made of persons interested in the estate and for any deductions and credits allowed by the law imposing the tax;

(2) Any exemption or deduction allowed by reason of the relationship of any person to the decedent or by reason of the purposes of the gift inures to the benefit of the person bearing such relationship or receiving the gift; but if an interest is subject to a prior present interest, which is not allowable as a deduction, the tax apportionable against the present interest shall be paid from principal;

(3) Any deduction for property previously taxed and any credit for gift taxes or death taxes of a foreign country paid by the decedent or his estate inures to the proportionate benefit of all persons liable to apportionment;

(4) Any credit for inheritance, succession, or estate taxes or taxes in the nature thereof applicable to property or interests includable in the estate, inures to the benefit of the persons or interests chargeable with the payment thereof to the extent proportionately that the credit reduces the tax;

(5) To the extent that property passing to or in trust for a surviving spouse or any charitable, public, or similar purpose is not an allowable deduction for purposes of the tax solely by reason of an inheritance tax or other death tax imposed upon and deductible from the property, the property is not included in the computation provided for in subsection (b) hereof, and to that extent no apportionment is made against the property. The sentence immediately preceding does not apply to any case if the result would be to deprive the estate of a deduction otherwise allowable under section 2053(d) of the Internal Revenue Code of 1954, as amended, of the United States, relating to deduction for state death taxes on transfers for public, charitable, or religious uses.

(f) No interest in income and no estate for years or for life or other temporary interest in any property or fund is subject to apportionment as between the temporary interest and the remainder. The tax on the temporary interest and the tax, if any, on the remainder is chargeable against the corpus of the property or funds subject to the temporary interest and remainder.

(g) Neither the personal representative nor other person required to pay the tax is under any duty to institute any action to recover from any person interested in the estate the amount of the tax apportioned to the person until the expiration of the three months next following final determination of the tax. A personal representative or other person required to pay the tax, who institutes the action within a reasonable time after the three months' period, is not subject to any liability or surcharge because any portion of the tax apportioned to any person interested in the estate was collectible at a time following the death of the decedent but thereafter became uncollectible. If the personal representative or other person required to pay the tax cannot collect from any person interested in the estate the amount of the tax apportioned to the person, the amount not recoverable shall be equitably apportioned among the other persons interested in the estate who are subject to apportionment.

(h) A personal representative acting in another state or a person required to pay the tax domiciled in another state may institute an action in the courts of this state and may recover a proportionate amount of the federal estate tax, of an estate tax payable to another state or of a death duty due by a decedent's estate to another state, from a person interested in the estate who is either domiciled in this state or who owns property in this state subject to attachment or execution. For the purposes of the action the determination of apportionment by the court having jurisdiction of the administration of the decedent's estate in the other state is prima facie correct.

(i) If the liability of persons interested in the estate as prescribed by this section differ from those which result under the Federal Estate Tax Law, the liabilities imposed by the federal law will control and the balance of this section shall apply as if the resulting liabilities had been prescribed herein.

Source: SL 1994, ch 232, § 3-916; SL 1995, ch 167, § 132; SL 2021, ch 34, § 6.
S.D. Codified Laws § 29A-3-606 — SD Code / Title 29A / Chapter 3 / Section 29A-3-606
Terms and conditions of bonds
Status: in_force

(a) The following requirements and provisions apply to any bond required by this part:

(1) Bonds shall name the state as obligee for the benefit of the persons interested in the estate and shall be conditioned upon the faithful discharge by the personal representative of all fiduciary duties according to law.

(2) Unless otherwise provided by the terms of the approved bond, sureties are jointly and severally liable with the personal representative and with each other. The address of sureties shall be stated in the bond.

(3) By executing an approved bond of a personal representative, the surety consents to the jurisdiction of the probate court which issued letters to the primary obligor in any proceedings pertaining to the fiduciary duties of the personal representative and naming the surety as a party. Notice of any proceeding shall be delivered to the surety or mailed by registered or certified mail at the address as listed with the court where the bond is filed and to the surety's address as then known to the petitioner.

(4) On petition of a successor personal representative, any other personal representative of the same decedent, or any interested person, a proceeding in the court may be initiated against a surety for breach of the obligation of the bond of the personal representative.

(5) The bond of the personal representative is not void after the first recovery but may be proceeded against from time to time until the whole penalty is exhausted.

(b) No action or proceeding may be commenced against the surety on any matter as to which an action or proceeding against the primary obligor is barred by adjudication or limitation.

Source: SL 1994, ch 232, § 3-606.
S.D. Codified Laws § 29A-3-412 — SD Code / Title 29A / Chapter 3 / Section 29A-3-412
Formal testacy proceedings--Effect of order--Vacation
Status: in_force

Subject to appeal and subject to vacation as provided in this section or by other law, a formal testacy order under §§ 29A-3-409 to 29A-3-411 , inclusive, including an order that the decedent left no valid will and determining the heirs, is final as to all persons who were properly notified of the proceeding, either by personal service or publication, with respect to all issues concerning the decedent's estate that the court considered or might have considered incident to its rendition relevant to the question of whether the decedent left a valid will, and to the determination of heirs, except that:

(1) The court shall entertain a petition for modification or vacation of its order and probate of another will of the decedent if the proponents of the later - offered will were given no notice or only publication notice of the earlier proceeding, except that no such petition may be entertained if it is shown that the proponents (i) were aware of the earlier proceeding and (ii) were aware of the existence of the later - offered will at the time of the earlier proceeding;

(2) If intestacy of all or part of the estate has been ordered, the determination of heirs of the decedent may be reconsidered if it is shown that one or more persons were omitted from the determination and it is also shown that (i) the persons were unaware of their relationship to the decedent, (ii) were unaware of the death, or (iii) were given no notice of the earlier proceeding, except by publication;

(3) A petition for vacation under either (1) or (2) above shall be filed prior to the earlier of the following time limits:

(i) If a personal representative has been appointed for the estate, the time of entry of any order approving final distribution of the estate, or, if the estate is closed by statement, six months after the filing of the closing statement;

(ii) Whether or not a personal representative has been appointed for the estate of the decedent, the time prescribed by § 29A-3-108 when it is no longer possible to initiate an original proceeding to probate a will of the decedent;

(iii) Twelve months after the entry of the order sought to be vacated;

(4) The order originally rendered in the testacy proceeding may be modified or vacated, if appropriate under the circumstances, by the order of probate of the later - offered will or the order redetermining heirs;

(5) The finding of the fact of death is conclusive as to an alleged decedent only if notice of the hearing on the petition in the formal testacy proceeding was sent by registered or certified mail addressed to the alleged decedent at the alleged decedent's last known address and the court finds that a reasonably diligent search as required by § 29A-3-403(c) was made. If the alleged decedent is not dead, even if notice was sent and a reasonably diligent search was made, the alleged decedent may recover estate assets in the hands of the personal representative. In addition to any remedies available to the alleged decedent by reason of any fraud or intentional wrongdoing, the alleged decedent may recover any estate or its proceeds from distributees that is in their hands, or the value of distributions received by them, to the extent that any recovery from distributees is equitable in view of all of the circumstances.

Source: SL 1994, ch 232, § 3-412; SL 1995, ch 167, § 115.
S.D. Codified Laws § 29A-6-413 — SD Code / Title 29A / Chapter 6 / Section 29A-6-413
Effect of inter vivos transfer not limited
Status: in_force

Nothing in §§ 29A-6-410 to 29A-6-412 , inclusive, limits the effect of an inter vivos transfer of the property.

Source: SL 2014, ch 133, § 13.
S.D. Codified Laws § 29A-6-429 — SD Code / Title 29A / Chapter 6 / Section 29A-6-429
Falsification of affidavit of confirmation
Status: in_force

Any person who knowingly makes any false statement in an affidavit of confirmation is guilty of falsification under § 22-11-23 .

Source: SL 2014, ch 133, § 29.
S.D. Codified Laws § 29A-5-416 — SD Code / Title 29A / Chapter 5 / Section 29A-5-416
Multiple guardians--Majority concurrence
Status: in_force

If there is more than one guardian or conservator, a majority must concur to exercise a power unless a guardian or conservator has delegated powers to another guardian or conservator or the court has authorized the exercise of powers by less than a majority. However, a delegation, whether by court authorization or otherwise, does not immunize a guardian or conservator from liability for a breach of fiduciary duty committed by another guardian or conservator if the guardian or conservator participated in the breach, approved of, acquiesced in, or concealed the breach, negligently permitted the breach to occur, or had actual knowledge of the breach and failed to take reasonable corrective action.

Source: SL 1993, ch 213, § 59; SDCL 30-36-59; SL 1995, ch 167, § 181.
S.D. Codified Laws § 29A-5-304 — SD Code / Title 29A / Chapter 5 / Section 29A-5-304
Nomination of guardian or conservator by protected person--Appointment in absence of effective nomination--Designated individual--Multiple appointments
Status: in_force

Any individual who has sufficient capacity to form a preference may at any time nominate any individual or entity to act as his guardian or conservator. The nomination may be made in writing, by an oral request to the court, or may be proved by any other competent evidence. The court shall appoint the individual or entity so nominated if the nominee is otherwise eligible to act and would serve in the best interests of the protected person. If a person alleged to be in need of protection has designated an individual to serve as guardian or conservator under a validly executed legal instrument, including a power of attorney, and the court does not appoint the designated individual, the court shall issue written findings of fact and conclusions of law as to why the designated individual was not appointed.

In the absence of an effective nomination by the protected person, the court shall appoint as guardian or conservator the individual or entity that will act in the protected person's best interests. In making that appointment, the court shall consider the proposed guardian's or conservator's geographic location, familial or other relationship with the protected person, ability to carry out the powers and duties of the office, commitment to promoting the protected person's welfare, any potential conflicts of interest, and the recommendations of the spouse, the parents or other interested relatives, whether made by will or otherwise. The court may appoint more than one guardian or conservator and need not appoint the same individual or entity to serve as both guardian and conservator.

Source: SL 1993, ch 213, § 32; SDCL 30-36-32; SL 1995, ch 167, § 181; SL 2023, ch 95, § 1.
S.D. Codified Laws § 29A-5-411 — SD Code / Title 29A / Chapter 5 / Section 29A-5-411
Powers of conservator
Status: in_force

A conservator, in managing the estate, shall act as a fiduciary and in the best interests of the minor or protected person and shall, in addition, have the following powers, which may be exercised without prior court authorization except as otherwise provided:

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

(2) To collect, hold, and retain assets of the estate, including land in another state, and to receive additions to the estate;

(3) To continue or participate in the operation of any unincorporated business or other enterprise;

(4) To deposit estate funds in a state or federally insured financial institution, including one operated by the conservator;

(5) To manage, control, convey, divide, exchange, partition, and sell at public or private sale, for cash or for credit, the real and personal property of the estate;

(6) To grant an option to dispose of any asset and to take an option to acquire any asset, and to complete a contract entered into by a protected person, including a contract to convey or purchase real or personal property;

(7) To enter into or renew a lease as lessor or lessee with or without option to purchase, including leases for real and personal property and leases and other arrangements for exploration and removal of minerals or other natural resources, and even though the lease or other arrangement may extend beyond the term of the conservatorship;

(8) To borrow money and to place, renew, or extend an encumbrance upon any property, real or personal, including the power to borrow from a financial institution operated by the conservator;

(9) To abandon property if, in the opinion of the conservator, it is valueless or is so encumbered or in such condition that it is of no benefit to the estate;

(10) To make ordinary or extraordinary repairs or alterations in buildings or other property and to grant easements for public or private use, or both, with or without consideration;

(11) To vote a security, either personally or by general or limited proxy and to consent to the reorganization, consolidation, merger, dissolution, or liquidation of a corporation or other enterprise;

(12) To sell or exercise stock subscription or conversion rights and to pay calls, assessments, and any other sums chargeable or accruing against or on account of securities;

(13) To hold a security in the name of a nominee or in other form without disclosure of the conservatorship, so that title to the security may pass by delivery, but the conservator is liable for any act of the nominee in connection with a security so held;

(14) To insure the assets of the estate against damage or loss, and the guardian and conservator against liability with respect to third persons;

(15) To allow, pay, reject, contest, or settle any claim by or against the estate or protected person by compromise or otherwise and to release, in whole or in part, any claim belonging to the estate to the extent it is uncollectible;

(16) To pay taxes, assessments, and other expenses incurred in the collection, care, and administration of the estate;

(17) To pay any sum distributable for the benefit of the minor, the protected person, or legal dependent by paying the sum directly to the distributee, to the provider of goods and services, to any individual or facility that is responsible for or has assumed responsibility for care and custody, to a distributee's custodian under a Uniform Gifts or Transfers Act of any applicable jurisdiction, or by paying the sum to the guardian of the minor or protected person or, in the case of a dependent, to the dependent's guardian or conservator;

(18) To employ persons, including attorneys, accountants, investment advisors, or agents; to act upon their recommendations without independent investigation; to delegate to them any power, whether ministerial or discretionary; and to pay them reasonable compensation;

(19) To maintain life, health, casualty, and liability insurance for the benefit of the minor, the protected person, or legal dependents;

(20) To manage the estate following the termination of the conservatorship and until its delivery to the minor, the protected person, or successors in interest;

(21) To execute and deliver all instruments and to take all other actions that will accomplish or facilitate the exercise of the powers conferred by this chapter; and

(22) To act as a representative pursuant to subdivision 55-18-9(1).

Source: SL 1993, ch 213, § 54; SDCL § 30-36-54; SL 1995, ch 167, § 181; SL 2017, ch 208, § 28.
S.D. Codified Laws § 29A-5-103 — SD Code / Title 29A / Chapter 5 / Section 29A-5-103
Application of chapter
Status: in_force

This chapter applies to all guardianships and conservatorships in this state, including guardianships created prior to July 1, 1993. Unless otherwise modified or terminated, all guardianships created prior to July 1, 1993, shall remain in full force and effect and all guardians shall retain their assigned powers and duties with respect to either financial or personal decision making except to the extent that the powers and duties under this chapter are broader or more clearly expressed. The provisions of this chapter concerning the filing of reports by guardians and the filing of accountings by conservators may not be retroactively applied and prior law shall control as to whether a report or accounting will be required for any period prior to July 1, 1993. The provisions of §§ 55-3-24 to 55-3-44 , inclusive, are applicable to actions or proceedings relating to guardianships and conservatorships supervised or administered under this chapter.

Source: SL 1993, ch 213, § 3; SL 1994, ch 233, § 1; SDCL 30-36-3; SL 1995, ch 167, § 181; SL 2000, ch 229, § 20.
S.D. Codified Laws § 29A-2-103 — SD Code / Title 29A / Chapter 2 / Section 29A-2-103
Shares of heirs other than surviving spouse
Status: in_force

Any part of the intestate estate not passing to the decedent's surviving spouse under § 29A-2-102 , or the entire intestate estate if there is no surviving spouse, passes in the following order to the individuals designated below who survive the decedent:

(1) To the decedent's descendants by representation;

(2) If there is no surviving descendant, to the decedent's parents equally if both survive, or to the surviving parent;

(3) If there is no surviving descendant or parent, to the descendants of the decedent's parents or either of them by representation;

(4) If there is no surviving descendant, parent, or descendant of a parent, but the decedent is survived by one or more grandparents or descendants of grandparents, half of the estate passes to the decedent's paternal grandparents equally if both survive, or to the surviving paternal grandparent, or by representation to the descendants of the decedent's paternal grandparents or either of them if both are deceased; and the other half passes to the decedent's maternal relatives in the same manner; but if there is no surviving grandparent or descendant of a grandparent on either the paternal or the maternal side, the entire estate passes to the decedent's relatives on the other side in the same manner as the half.

Source: SL 1995, ch 167, § 2-103.
S.D. Codified Laws § 29A-3-505 — SD Code / Title 29A / Chapter 3 / Section 29A-3-505
Supervised administration--Interim orders--Distribution and closing orders
Status: in_force

Unless otherwise ordered by the court, supervised administration is terminated by order in accordance with time restrictions, notices, and contents of orders prescribed for proceedings under § 29A-3-1001 . Interim orders approving or directing partial distributions or granting other relief may be issued by the court at any time during the pendency of a supervised administration on the motion of the personal representative or any interested person.

Source: SL 1994, ch 232, § 3-505; SL 1995, ch 167, § 117.
S.D. Codified Laws § 29A-5-207 — SD Code / Title 29A / Chapter 5 / Section 29A-5-207
Certain documents to be sealed--Available to certain persons
Status: in_force

The statement of financial resources, any written report of the court representative, and any accountings or inventories made by the guardian or conservator shall be sealed upon filing and shall not be made a part of the public record but shall be available to the court, to the minor, to the petitioner, to the court representative, to their attorneys, to abstractors or employees of abstractors licensed pursuant to chapter 36-13 , to employees and agents of title insurance companies licensed pursuant to chapter 58-25 , to attorneys who are licensed to practice law pursuant to chapter 16-16 and who are representing a relative of the minor within the third degree of kinship, to the spouse of the minor, to joint tenants of the minor, to any intestate heirs of the minor which relationship shall be established by sworn affidavit, and to such other interested persons as the court may order upon a showing of the need therefor.

Source: SL 1993, ch 213, § 25; SDCL 30-36-25; SL 1995, ch 167, § 181; SL 1999, ch 146, § 2.
S.D. Codified Laws § 29A-3-103 — SD Code / Title 29A / Chapter 3 / Section 29A-3-103
Necessity of appointment for administration
Status: in_force

Except as otherwise provided in chapter 29A-4 , to acquire the powers and undertake the duties and liabilities of a personal representative of a decedent, a person must be appointed by order of the court or clerk, qualify and be issued letters. Administration of an estate is commenced by the issuance of letters.

Source: SL 1994, ch 232, § 3-103; SL 1995, ch 167, § 99.
S.D. Codified Laws § 29A-6-404 — SD Code / Title 29A / Chapter 6 / Section 29A-6-404
Nonexclusivity
Status: in_force

This part does not affect any method of transferring property otherwise permitted under the law of this state.

Source: SL 2014, ch 133, § 4.
S.D. Codified Laws § 29A-3-408 — SD Code / Title 29A / Chapter 3 / Section 29A-3-408
Formal testacy proceedings--Will construction--Effect of final order in another jurisdiction
Status: in_force

A final order of a court of another state determining testacy, the validity or construction of a will, made in a proceeding involving notice to and an opportunity for contest by all interested persons shall be accepted as determinative by the courts of this state if it includes, or is based upon, a finding that the decedent was domiciled at death in the state where the order was made.

Source: SL 1994, ch 232, § 3-408.
S.D. Codified Laws § 29A-3-719 — SD Code / Title 29A / Chapter 3 / Section 29A-3-719
Compensation of personal representative
Status: in_force

(a) Personal representatives, attorneys, accountants, appraisers, and other agents of the personal representative are entitled to reasonable compensation for services. Reasonable compensation may include compensation for the services of the agents or employees of the person seeking compensation and may also include reimbursement for costs advanced. A determination of reasonable compensation shall be based on the following factors:

(1) The time and labor involved;

(2) The novelty and difficulty of the questions involved, and the skill requisite to perform the service properly;

(3) The likelihood that the acceptance of the particular employment will preclude other employment by the person;

(4) The fee customarily charged in the locality for similar services;

(5) The nature and value of the assets of the estate, the amount of income earned by the estate, and the responsibilities and potential liabilities assumed by the person;

(6) The time limitations imposed by the circumstances; and

(7) The experience, reputation, diligence, and ability of the person performing the services.

(b) If a will provides for compensation of the personal representative and there is no contract with the decedent regarding compensation, the personal representative may renounce the provision before qualifying and be entitled to reasonable compensation. A personal representative also may renounce the right to all or any part of the compensation. A renunciation of fee may be filed with the court.

(c) When compensation is not provided by will, or in an intestate proceeding, the personal representative may be allowed commissions upon the amount of personal property accounted for by the personal representative, excluding personal property not ranked as assets, as follows:

(1) On the first one thousand dollars at the rate of five percent;

(2) On all sums in excess of one thousand dollars and not exceeding five thousand dollars at the rate of four percent;

(3) On all sums in excess of five thousand dollars at the rate of two and one - half percent.

Upon all real property accounted for by the personal representative, the personal representative shall receive a just and reasonable compensation for the services performed to be fixed by the court. All real estate sold by the personal representative as part of the proceedings in probate shall be considered as personal property.

Source: SL 1994, ch 232, § 3-719; SL 1995, ch 167, § 123; SL 1996, ch 187.
S.D. Codified Laws § 29A-2-108 — SD Code / Title 29A / Chapter 2 / Section 29A-2-108
Afterborn heirs
Status: in_force

An individual is treated as living at that time if the individual was conceived prior to a decedent's death, born within ten months of a decedent's death, and survived one hundred twenty hours or more after birth.

Source: SL 1995, ch 167, § 2-108; SL 2007, ch 247, § 3.
S.D. Codified Laws § 29A-5-414 — SD Code / Title 29A / Chapter 5 / Section 29A-5-414
Liability of guardian for acts of minor or protected person
Status: in_force

A guardian is not liable for the acts of the minor or protected person, unless the guardian is personally negligent, nor may a guardian be required to expend personal funds on the minor's or protected person's behalf.

Source: SL 1993, ch 213, § 57; SDCL 30-36-57; SL 1995, ch 167, § 181.
S.D. Codified Laws § 29A-3-502 — SD Code / Title 29A / Chapter 3 / Section 29A-3-502
Supervised administration--Petition--Order
Status: in_force

(a) A petition for supervised administration may be filed by any interested person or by a personal representative at any time or the request for supervised administration may be joined with a petition in a testacy or appointment proceeding. If the testacy of the decedent and the priority and qualification of any personal representative have not been adjudicated previously, the petition for supervised administration shall include the matters required of a petition in a formal testacy proceeding and the notice requirements and procedures applicable to a formal testacy proceeding shall apply. If not previously adjudicated, the court shall adjudicate the testacy of the decedent and questions relating to the priority and qualifications of the personal representative in any case involving a request for supervised administration, even though the request for supervised administration may be denied.

(b) After notice to interested persons, the court shall order supervised administration of a decedent's estate: (1) if the decedent's will directs supervised administration, unless the court finds that circumstances relating to the need for supervised administration have changed since the execution of the will and that there is no necessity for supervised administration; (2) if the decedent's will directs unsupervised administration, only upon a finding that it is necessary for the protection of persons interested in the estate; or (3) in other cases if the court finds that supervised administration is necessary under the circumstances.

Source: SL 1994, ch 232, § 3-502.
S.D. Codified Laws § 29A-2-111 — SD Code / Title 29A / Chapter 2 / Section 29A-2-111
Alienage
Status: in_force

No individual is disqualified to take as an heir because that individual or another individual through whom that individual claims is or has been an alien.

Source: SL 1995, ch 167, § 2-111.
S.D. Codified Laws § 29A-4-206 — SD Code / Title 29A / Chapter 4 / Section 29A-4-206
Power of representatives in transition
Status: in_force

The power of a domiciliary foreign personal representative under § 29A-4-201 or 29A-4-205 shall be exercised only if there is no administration or application therefor pending in this state. An application or petition for local administration of the estate terminates the power of the foreign personal representative to act under § 29A-4-205 , but the local court may allow the foreign personal representative to exercise limited powers to preserve the estate. No person who, before receiving actual notice of a pending local administration, has changed his position in reliance upon the powers of a foreign personal representative shall be prejudiced by reason of the application or petition for, or grant of, local administration. The local personal representative is subject to all duties and obligations which have accrued by virtue of the exercise of the powers by the foreign personal representative and may be substituted for the foreign representative in any action or proceedings in this state.

Source: SL 1994, ch 232, § 4-206.
S.D. Codified Laws § 29A-5-114 — SD Code / Title 29A / Chapter 5 / Section 29A-5-114
Petition for appointment by guardian or conservator appointed in another state
Status: in_force

A guardian, conservator or like fiduciary appointed in another state may be appointed as a guardian or conservator in this state upon presentation of a petition therefor, proof of appointment, and a certified copy of such portion of the court record in the other state as the court in this state may specify. Notice of hearing on any such petition, together with a copy of the petition, shall be mailed at least fourteen days prior to the hearing to the minor, if age ten or older, to the protected person, and to the individuals and entities that would be entitled to notice if the regular procedures for appointment of a guardian or conservator were applicable. The court shall make the appointment unless it concludes that the appointment would not be in the minor's or protected person's best interest. Upon the filing of an acceptance of office and any required bond, the appropriate letters of guardianship or conservatorship shall issue. Within fourteen days following an appointment, the guardian or conservator shall mail a copy of the order of appointment to the minor, if age ten or older, to the protected person, and to all individuals and entities given notice of the petition. The mailing made to and on behalf of the protected person shall include a brief statement of rights to seek termination or modification.

Source: SL 1993, ch 213, § 14; SDCL 30-36-14; SL 1995, ch 167, § 181.
S.D. Codified Laws § 29A-3-1203 — SD Code / Title 29A / Chapter 3 / Section 29A-3-1203
Succession to real property by affidavit
Status: in_force

Sixty days after the death of a decedent, any person claiming to be a successor to the decedent's interest in real property in this state may file, or cause to be filed on their behalf, an affidavit describing the real property owned by the decedent and the interest of the decedent in the property. A certified or authenticated copy of the decedent's death certificate and the affidavit must be filed with the register of deeds office in all counties where the real property of the decedent is located.

All persons claiming as successors or parties legally acting on their behalf shall sign the affidavit.

The affidavit, which is prima facie evidence of the facts included, must state:

(1) The value of the decedent's interest in all real property located in this state does not exceed fifty thousand dollars. For real estate classified as non-agricultural, the value of the decedent's interest in property may be determined as shown on the assessment rolls for the year in which the decedent died. For real estate classified as agricultural, the value of the decedent's interest shall be the fair market value thereof on the date of the decedent's death;

(2) That sixty days have elapsed since the death of the decedent;

(3) That no application or petition for the appointment of a personal representative is pending or has been granted in any jurisdiction;

(4) That the claiming successor is entitled to the real property because of the homestead allowance under § 29A-2-402 , the family allowance under § 29A-2-403 , by intestate succession, or by devise under the will of the decedent;

(5) If succession is claimed to be by will, that the affiant has made an investigation and has been unable to determine any subsequent will;

(6) That no one other than a claiming successor has a right to the interest of the decedent in the described property;

(7) Each claiming successor's relationship to the decedent and the value of the entire estate of the decedent;

(8) That the transfer of title is not subject to a transfer fee pursuant to subdivision 43-4-22 (18);

(9) The decedent has not incurred any indebtedness to the Department of Social Services for medical assistance for nursing home or other medical institutional care; and

(10) That each person making the affidavit swear or affirm that all statements in the affidavit are true and material and further acknowledge that any false statement may subject the person or persons to criminal penalties.

A successor named in an affidavit under this section has the same protection and liability as a distributee who has received a deed of distribution from a personal representative, as provided in § 29A-3-908 , subject to § 29A-3-901 .

Any successor named in an affidavit under this section is responsible for seeing that any property received under this section is applied to liens, encumbrances, homestead allowance, exempt property, family allowance, funeral expenses, expenses of administration, and creditor claims.

If an interest in real property transferred under this section is acquired by a purchaser or lender in good faith, for value and without actual notice that the transfer was improper, the purchaser or lender takes title free of any claims of the decedent's estate and incurs no personal liability to the estate, whether or not the transfer was proper. Purchasers and lenders have no duty to inquire whether a transfer was proper.

Nothing in this section affects the rights of a secured creditor or judgment creditor in such property, or prevents any proceeding enforcing any mortgage, pledge, or other liens upon the real property described in the affidavit.

Source: SL 2022, ch 89, § 1.
S.D. Codified Laws § 29A-5-111 — SD Code / Title 29A / Chapter 5 / Section 29A-5-111
Filing of acceptance and bond--Amount of bond--Notice of nonrenewal
Status: in_force

The appointment of a guardian or conservator does not become effective nor may letters of guardianship or conservatorship issue until the guardian or conservator has filed an acceptance of office and any required bond.

The court may not require the filing of a bond by a guardian except for good cause shown.

The court shall determine whether the filing of a bond by a conservator is necessary. In determining the necessity for or amount of a conservator's bond, the court shall consider:

(1) The value of the personal estate and annual gross income and other receipts within the conservator's control;

(2) The extent to which the estate has been deposited under an arrangement requiring an order of court for its removal;

(3) Whether an order has been entered waiving the requirement that accountings be filed and presented or permitting accountings to be filed less frequently than annually;

(4) The extent to which the income and receipts are payable directly to a facility responsible for or which has assumed responsibility for the care or custody of the minor or protected person;

(5) Whether a guardian has been appointed, and if so, whether the guardian has presented reports as required;

(6) Whether the conservator was appointed pursuant to a nomination which requested that bond be waived; and

(7) Any other factors which the court deems appropriate.

Any required bond shall be with such surety and in such amount and form as the court may order. The court may order additional bond or reduce bond whenever it considers such modification to be in the best interests of the minor, the protected person, or the estate.

The surety or sureties of the bond must immediately serve notice to the court and to the minor, the protected person, or the estate if the bond is not renewed by the guardian or conservator.

Source: SL 1993, ch 213, § 11; SL 1994, ch 233, § 2; SDCL § 30-36-11; SL 1995, ch 167, § 181; SL 2016, ch 120, § 40.
S.D. Codified Laws § 29A-2-505 — SD Code / Title 29A / Chapter 2 / Section 29A-2-505
Who may witness
Status: in_force

(a) An individual generally competent to be a witness may act as a witness to a will.

(b) The signing of a will by an interested witness does not invalidate the will or any provision of it.

Source: SL 1995, ch 167, § 2-505.
S.D. Codified Laws § 29A-3-403 — SD Code / Title 29A / Chapter 3 / Section 29A-3-403
Formal testacy proceedings--Notice of hearing on petition
Status: in_force

(a) Upon commencement of a formal testacy proceeding, the court shall fix a time and place of hearing. Notice shall be given by the petitioner in the manner prescribed by § 29A-1-401 to the persons specified in this section and to any additional person who has filed a demand for notice under § 29A-3-204 .

(b) Notice shall be given to the following persons: the heirs, devisees, and personal representatives named in any will that is being, or has been, probated, or offered for informal or formal probate in the county, or that is known by the petitioner to have been probated, or offered for informal or formal probate elsewhere, and any personal representative of the decedent whose appointment has not been terminated. Notice may be given to other persons. In addition, the petitioner shall give notice by publication to all persons who have any interest in the matters being litigated who are either unknown or whose addresses are unknown.

(c) If it appears by the petition or otherwise that the fact of the death of the alleged decedent may be in doubt, or on the written demand of any interested person, a copy of the notice of the hearing on said petition shall be sent by registered or certified mail to the alleged decedent at the alleged decedent's last known address. The court shall direct the petitioner to report the results of, or make and report back concerning, a reasonably diligent search for the alleged decedent in any manner that may seem advisable. The costs of any search so directed shall be paid by the petitioner if there is no administration or by the estate of the decedent in case there is administration.

Source: SL 1994, ch 232, § 3-403; SL 1995, ch 167, § 113.
S.D. Codified Laws § 29A-2-106 — SD Code / Title 29A / Chapter 2 / Section 29A-2-106
Representation
Status: in_force

(a) If, under § 29A-2-103(1), a decedent's intestate share or a part thereof passes "by representation" to the decedent's descendants, the estate or part thereof is divided into as many equal shares as there are (i) surviving children of the decedent, if any, and (ii) children of the decedent who failed to survive the decedent but who left descendants who survive the decedent. Each surviving child is allocated one share. The share of each child who failed to survive the decedent but who left descendants who survive the decedent is divided in the same manner, with subdivision repeating at each succeeding generation until the share is fully allocated among surviving descendants.

(b) If, under § 29A-2-103(3) or (4), a decedent's intestate estate or a part thereof passes "by representation" to the descendants of the decedent's parents or either of them or to the descendants of the decedent's paternal or maternal grandparents or either of them, the estate or part thereof is divided into as many equal shares as there are (i) children of the designated ancestor or ancestors who survived the decedent, if any, and (ii) children of the designated ancestor or ancestors who failed to survive the decedent but who left descendants who survive the decedent. Each surviving child is allocated one share. The share of each child who failed to survive the decedent but who left descendants who survive the decedent is divided in the same manner, with subdivision repeating at each succeeding generation until the share is fully allocated among surviving descendants.

Source: SL 1995, ch 167, § 2-106.
S.D. Codified Laws § 29A-3-305 — SD Code / Title 29A / Chapter 3 / Section 29A-3-305
Informal probate--Clerk not satisfied
Status: in_force

The clerk of court may decline an application for informal probate if not satisfied that a will is entitled to be probated in informal proceedings because of failure to meet the requirements of § 29A-3-303 or for any other reason. A declination of informal probate is not an adjudication and does not preclude formal probate proceedings.

Source: SL 1994, ch 232, § 3-305; SL 1995, ch 167, § 106.
S.D. Codified Laws § 29A-2-803 — SD Code / Title 29A / Chapter 2 / Section 29A-2-803
Effect of homicide on intestate succession, wills, trusts, joint assets, life insurance, and beneficiary designations
Status: in_force

(a) In this section:

(1) "Disposition or appointment of property" includes a transfer of an item of property or any other benefit to a beneficiary designated in a will, trust, or other governing instrument.

(2) "Governing instrument" means a will, trust, or other governing instrument executed by the decedent.

(3) "Revocable," with respect to a disposition, appointment, provision, or nomination, means one under which the decedent, at the time of or immediately before death, was alone empowered, by law or under the governing instrument, to revoke or cancel the designation in favor of the killer, whether or not the decedent was then empowered to designate the decedent in place of the decedent's killer and whether or not the decedent then had capacity to exercise the power.

(b) An individual who feloniously and intentionally kills the decedent forfeits all benefits under this chapter with respect to the decedent's estate, including an intestate share, an elective share, an omitted spouse's or child's share, a homestead allowance, exempt property, and a family allowance. If the decedent died intestate, the decedent's intestate estate passes as if the killer disclaimed the killer's intestate share.

(c) The felonious and intentional killing of the decedent:

(1) Revokes any revocable (i) disposition or appointment of property made by the decedent to the killer in a governing instrument, (ii) provision in a governing instrument conferring a general or nongeneral power of appointment on the killer, and (iii) nomination of the killer in a governing instrument, nominating or appointing the killer to serve in any fiduciary or representative capacity, including a personal representative, executor, trustee, or agent; and

(2) Severs the interests of the decedent and killer in property held by them at the time of the killing as joint tenants with the right of survivorship, transforming the interests of the decedent and killer into tenancies in common.

(d) A severance under subsection (c)(2) does not affect any third - party interest in property acquired for value and in good faith reliance on an apparent title by survivorship in the killer unless a writing declaring the severance has been noted, registered, filed, or recorded in records appropriate to the kind and location of the property which are relied upon, in the ordinary course of transactions involving such property, as evidence of ownership.

(e) Provisions of a governing instrument are given effect as if the killer disclaimed all provisions revoked by this section or, in the case of a revoked nomination in a fiduciary or representative capacity, as if the killer predeceased the decedent.

(f) A wrongful acquisition of property or interest by a killer not covered by this section must be treated in accordance with the principle that a killer cannot profit from the killer's wrong.

(g) A final judgment of conviction establishing criminal accountability for the felonious and intentional killing of the decedent conclusively establishes the convicted individual as the decedent's killer for purposes of this section. Absent a conviction, a determination by the court that there is a preponderance of evidence that the individual would be found criminally accountable for the felonious and intentional killing of the decedent conclusively establishes that individual as the decedent's killer for purposes of this section.

(h)(1) A payor or other third party is not liable for having made a payment or transferred an item of property or any other benefit to a beneficiary designated in a governing instrument affected by an intentional and felonious killing, or for having taken any other action in good faith reliance on the validity of the governing instrument, upon request and satisfactory proof of the decedent's death, before the payor or other third party has received written notice of a claimed forfeiture or revocation under this section. A payor or other third party is liable for a payment made or other action taken after the payor or other third party received written notice of a claimed forfeiture or revocation under this section.

(2) Written notice of a claimed forfeiture or revocation under paragraph (1) must be mailed to the payor's or other third party's main office or home by registered or certified mail, return receipt requested, or served upon the payor or other third party in the same manner as a summons in a civil action. Upon receipt of written notice of a claimed forfeiture or revocation under this section, a payor or other third party may pay any amount owed or transfer or deposit any item of property held by it to or with the court having jurisdiction of the proceedings relating to the settlement of the decedent's estate, or if no proceedings have been commenced, to or with the court located in the county of the decedent's residence. The court shall hold the funds or item of property and, upon its determination under this section, shall order disbursement in accordance with the determination. Payments, transfers, or deposits made to or with the court discharge the payor or other third party from all claims for the value of amounts paid to or items of property transferred to or deposited with the court.

(i)(1) A person who purchases property for value and without notice, or who receives a payment or other item of property in partial or full satisfaction of a legally enforceable obligation, is neither obligated under this section to return the payment, item of property, or benefit nor is liable under this section for the amount of the payment or the value of the item of property or benefit. But a person who, not for value, receives a payment, item of property, or any other benefit to which the person is not entitled under this section is obligated to return the payment, item of property, or benefit, or is personally liable for the amount of the payment or the value of the item of property or benefit, to the person who is entitled to it under this section.

(2) If this section or any part of this section is preempted by federal law with respect to a payment, an item of property, or any other benefit covered by this section, a person who, not for value, receives the payment, item of property, or any other benefit to which the person is not entitled under this section is obligated to return the payment, item of property, or benefit, or is personally liable for the amount of the payment or the value of the item of property or benefit, to the person who would have been entitled to it were this section or part of this section not preempted.

Source: SL 1995, ch 167, § 2-803.
S.D. Codified Laws § 29A-6-308 — SD Code / Title 29A / Chapter 6 / Section 29A-6-308
Protection of registering entity
Status: in_force

(a) A registering entity is not required to offer or to accept a request for security registration in beneficiary form. If a registration in beneficiary form is offered by a registering entity, the owner requesting registration in beneficiary form assents to the protections given to the registering entity by this part.

(b) By accepting a request for registration of a security in beneficiary form, the registering entity agrees that the registration will be implemented on death of the deceased owner as provided in this part.

(c) A registering entity is discharged from all claims to a security by the estate, creditors, heirs, or devisees of a deceased owner if it registers a transfer of the security in accordance with § 29A-6-307 and does so in good faith reliance (i) on the registration, (ii) on this part, and (iii) on information provided to it by affidavit of the personal representative of the deceased owner, or by the surviving beneficiary or by the surviving beneficiary's representatives, or other information available to the registering entity. The protections of this part do not extend to a reregistration or payment made after a registering entity has received written notice from any claimant to any interest in the security objecting to implementation of a registration in beneficiary form. No other notice or other information available to the registering entity affects its right to protection under this part.

(d) The protection provided by this part to the registering entity of a security does not affect the rights of beneficiaries in disputes between themselves and other claimants to ownership of the security transferred or its value or proceeds.

Source: SL 1995, ch 168, § 6-308.
S.D. Codified Laws § 29A-2-503 — SD Code / Title 29A / Chapter 2 / Section 29A-2-503
Writings intended as wills, etc
Status: in_force

Although a document or writing added upon a document was not executed in compliance with § 29A-2-502 , the document or writing is treated as if it had been executed in compliance with that section if the proponent of the document or writing establishes by clear and convincing evidence that the decedent intended the document or writing to constitute (i) the decedent's will, (ii) a partial or complete revocation of the will, (iii) an addition to or an alteration of the will, or (iv) a partial or complete revival of a formerly revoked will or of a formerly revoked portion of the will.

Source: SL 1995, ch 167, § 2-503.
S.D. Codified Laws § 29A-3-708 — SD Code / Title 29A / Chapter 3 / Section 29A-3-708
Duty of personal representative--Supplementary inventory
Status: in_force

If any property not included in the original inventory comes to the knowledge of a personal representative or if the personal representative learns that the value or description indicated in the original inventory for any item is erroneous or misleading, the personal representative shall make a supplementary inventory or appraisement showing the market value as of the date of the decedent's death of the new item or the revised market value or descriptions, and the appraisers or other data relied upon, if any. The personal representative shall file the supplemental inventory with the court if the original inventory was filed, and shall mail or deliver a copy of the supplemental inventory to the persons sent a copy of the original inventory and to other interested persons who request it.

Source: SL 1994, ch 232, § 3-708.
S.D. Codified Laws § 29A-3-203 — SD Code / Title 29A / Chapter 3 / Section 29A-3-203
Priority among persons seeking appointment as personal representative
Status: in_force

(a) Whether the proceedings are formal or informal, persons who are not disqualified have priority for appointment in the following order:

(1) The person with priority as determined by a probated will, including a person nominated by a power conferred in a will;

(2) The surviving spouse of the decedent who is a devisee of the decedent;

(3) Other devisees of the decedent;

(4) The surviving spouse of the decedent;

(5) Other heirs of the decedent;

(6) Forty - five days after the death of the decedent, any other qualified person.

(b) An objection to an appointment can be made only in formal proceedings. In case of objection the priorities stated in subsection (a) apply except that:

(1) If the estate appears to be more than adequate to meet exemptions and costs of administration but inadequate to discharge anticipated unsecured claims, the court, on petition of creditors, may appoint any qualified person;

(2) In case of objection to appointment of a person, other than one whose priority is determined by will, by an heir or devisee appearing to have a substantial interest in the estate, the court may appoint a person who is acceptable to the heirs and devisees whose interests in the estate appear to be worth in total more than half of the probable distributable value, or, in default of this accord, any qualified person.

(c) A person entitled to letters under subsections (a)(2) through (a)(5) above may nominate a qualified person to have the same priority to act as personal representative as the person nominating. Any person may renounce the right to nominate or to an appointment by appropriate writing filed with the court. When two or more persons share a priority, those of them who do not renounce must concur in nominating another to act for them, or in applying for appointment in informal proceedings.

(d) Conservators of the estates of protected persons, or if there is no conservator, a guardian of a protected person, may exercise the same right to nominate, to object to another's appointment, or to participate in determining the preference of a majority in interest of the heirs and devisees that the protected person would have if qualified for appointment.

(e) Formal proceedings are required to appoint a personal representative in any of the following situations:

(1) When there is a person with a higher priority who has not renounced or waived the right by appropriate writing filed with the court;

(2) When a priority and right to nominate is shared by two or more persons, and one or more of them has not renounced or concurred in nominating the person whose appointment is applied for;

(3) When an appointment is sought for a person who does not have any priority under this section, in which event the court, prior to making the appointment, shall determine that those having priority do not object to the appointment, and that administration is necessary.

(f) No person is qualified to serve as a personal representative who is:

(1) Under the age of eighteen;

(2) A person whom the court finds unsuitable in formal proceedings; or

(3) A bank or trust company not qualified to do trust business or exercise trust powers in this state.

(g) A personal representative appointed by a court of the decedent's domicile has priority over all other persons except where the decedent's will nominates different persons to be personal representative in this state and in the state of domicile. The domiciliary personal representative may nominate another, who shall have the same priority as the domiciliary personal representative.

(h) This section governs priority for appointment of a successor personal representative but does not apply to the selection of a special administrator.

Source: SL 1994, ch 232, § 3-203; SL 1995, ch 167, § 102.
S.D. Codified Laws § 29A-6-435 — SD Code / Title 29A / Chapter 6 / Section 29A-6-435
Applicability of chapter
Status: in_force

The provisions of this part apply to any transfer on death deed executed, acknowledged, and recorded after July 1, 2014.

Source: SL 2014, ch 133, § 35.
S.D. Codified Laws § 29A-5-404 — SD Code / Title 29A / Chapter 5 / Section 29A-5-404
Responsibilities of minor's conservator
Status: in_force

A conservator of a minor, without the necessity of having to seek prior court authorization, shall apply the income and principal of the estate as needed for the minor's support, care, health and education. A conservator also shall apply the income and principal for the support of any legal dependents who are unable to support themselves and who are in need of support.

In making distributions, a conservator shall consider the size of the estate, the duration of the conservatorship, the minor's accustomed manner of living, other resources known to the conservator to be available, and the recommendations of the guardian or, if no guardian has been appointed, the recommendations of the parent or other individual with legal custody. A conservator shall at all times act in the minor's best interests and shall exercise reasonable care, diligence, and prudence.

Source: SL 1993, ch 213, § 47; SDCL 30-36-47; SL 1995, ch 167, § 181.
S.D. Codified Laws § 29A-5-403 — SD Code / Title 29A / Chapter 5 / Section 29A-5-403
Annual report--Guardian of protected person--When filed
Status: in_force

A guardian of a protected person shall file a report 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 reports to be filed;

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

(4) When the guardianship is terminated unless the court determines that there is then no need therefor.

A guardian may elect to file a periodic report on a calendar - year basis. However, in no event may such a report 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.

A report shall briefly state:

(1) The current mental, physical and social condition of the protected person;

(2) The living arrangements during the reporting period;

(3) The medical, educational, vocational and other professional services provided to the protected person and the guardian's opinion as to the adequacy of the protected person's care;

(4) A summary of the guardian's visits with and activities on the protected person's behalf;

(5) If the protected person is institutionalized, whether the guardian agrees with the current treatment or habilitation plan;

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

(7) Any other information requested by the court or useful in the opinion of the guardian;

(8) The compensation requested and the reasonable and necessary expenses incurred by the guardian; and

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

A guardian shall mail a copy of the report to the individuals and entities specified in § 29A-5-410 no later than fourteen days following its filing.

Within sixty days of the filing of the annual report, any interested person may request a hearing on the report. The court may order the guardian to attend the hearing on the report on the court's own motion or on the petition of any interested person. A report of the guardian may be incorporated into and made a part of the accounting of the conservator if the same individual holds both appointments.

Source: SL 1993, ch 213, § 46; SL 1994, ch 233, § 3; SDCL 30-36-46; SL 1995, ch 167, § 181; SL 2021, ch 121, § 3; SL 2023, ch 95, § 3.
S.D. Codified Laws § 29A-2-501 — SD Code / Title 29A / Chapter 2 / Section 29A-2-501
Who may make a will
Status: in_force

An individual eighteen or more years of age who is of sound mind may make a will.

Source: SL 1995, ch 167, § 2-501.
S.D. Codified Laws § 29A-5-118 — SD Code / Title 29A / Chapter 5 / Section 29A-5-118
Effect--Appointment--Guardian--Conservator--Minor--Protected Person
Status: in_force

The appointment of a guardian or conservator of a protected person does not constitute a general finding of legal incompetence unless the court so orders, and the protected person shall otherwise retain all rights which have not been granted to the guardian or conservator, with the exception of the ability to create an agency and confer authority on another person to do any act that the protected person might do, pursuant to § 59-2-1 . Unless prior authorization of the court is first obtained, a guardian or conservator may not change the residence of the minor or protected person to another state, terminate or consent to a termination of the minor's or protected person's parental rights, initiate a change in the minor's or protected person's marital status, or revoke or amend a durable power of attorney of which the protected person is the principal, except as provided in § 59-7-11 .

Source: SL 1993, ch 213, § 18; SDCL § 30-36-18; SL 1995, ch 167, § 181; SL 2016, ch 120, § 37; SL 2020, ch 214, § 53.
S.D. Codified Laws § 29A-2-107 — SD Code / Title 29A / Chapter 2 / Section 29A-2-107
Kindred of half blood
Status: in_force

Relatives of the half blood inherit the same share they would inherit if they were of the whole blood.

Source: SL 1995, ch 167, § 2-107.
S.D. Codified Laws § 29A-5A-208 — SD Code / Title 29A / Chapter 5A / Section 29A-5A-208
Notice of proceeding
Status: in_force

If a petition for the appointment of a guardian or issuance of a protective order is brought in this state and this state was not the respondent's home state on the date the petition was filed, in addition to complying with the notice requirements of this state, notice of the petition must be given to those persons who would be entitled to notice of the petition if a proceeding were brought in the respondent's home state. The notice must be given in the same manner as notice is required to be given in this state.

Source: SL 2011, ch 135, § 208.
S.D. Codified Laws § 29A-3-1102 — SD Code / Title 29A / Chapter 3 / Section 29A-3-1102
Procedure for securing court approval of compromise
Status: in_force

The procedure for securing court approval of a compromise is as follows:

(1) The terms of the compromise shall be set forth in an agreement in writing which shall be executed by all competent persons having beneficial interests or having claims which will or may be affected by the compromise. Parents may act for a minor child if there is no conflict of interest and no guardian or conservator has been appointed. Execution is not required by any person whose identity cannot be ascertained or whose whereabouts is unknown and cannot reasonably be ascertained.

(2) Any interested person, including the personal representative, if any, or a trustee, may submit the agreement to the court for its approval and for execution by the personal representative, the trustee of every affected testamentary trust, and other fiduciaries and representatives.

(3) After notice to all interested persons or their representatives, including the personal representative of the estate and all affected trustees of trusts, the court, if it finds that an actual contest or controversy exists and that the effect of the agreement upon the interests of persons represented by fiduciaries or other representatives is just and reasonable, shall make an order approving the agreement and directing all fiduciaries subject to its jurisdiction to execute the agreement. Minor children represented only by their parents may be bound only if their parents join with other competent persons in execution of the compromise. Upon the making of the order and the execution of the agreement, all further disposition of the estate is in accordance with the terms of the agreement.

Source: SL 1994, ch 232, § 3-1102.
S.D. Codified Laws § 29A-2-207 — SD Code / Title 29A / Chapter 2 / Section 29A-2-207
Surviving spouse's property and nonprobate transfers to others
Status: in_force

(a) Except to the extent included in the augmented estate under § 29A-2-204 or 29A-2-206 , the value of the augmented estate includes the value of:

(1) Property that was owned by the decedent's surviving spouse at the decedent's death, including:

(i) The surviving spouse's fractional interest in property held in joint tenancy with the right of survivorship;

(ii) The surviving spouse's ownership interest in property or accounts held in co - ownership registration with the right of survivorship; and

(iii) Property that passed to the surviving spouse by reason of the decedent's death, but not including the spouse's right to homestead allowance, family allowance, exempt property, or payments under the federal Social Security System; and

(2) Property that would have been included in the surviving spouse's nonprobate transfers to others, other than the spouse's fractional and ownership interests included under subsection (a)(1)(i) or (ii), had the spouse been the decedent.

(b) Property included under this section is valued at the decedent's death, taking the fact that the decedent predeceased the spouse into account, but, for purposes of subsection (a)(1)(i) and (ii), the values of the spouse's fractional and ownership interests are determined immediately before the decedent's death if the decedent was then a joint tenant or a co - owner of the property or accounts. For purposes of subsection (a)(2), proceeds of insurance that would have been included in the spouse's nonprobate transfers to others under § 29A-2-205(1)(iv) are not valued as if the surviving spouse were deceased.

(c) The value of property included under this section is reduced by enforceable claims against the surviving spouse.

Source: SL 1995, ch 167, § 2-207.
S.D. Codified Laws § 29A-5-113 — SD Code / Title 29A / Chapter 5 / Section 29A-5-113
Designation of agent for non-resident guardian or conservator
Status: in_force

A guardian or conservator who is or who later becomes a nonresident of this state shall file with the clerk of courts in the county in which the proceeding is pending a designation of an agent residing in this state to accept service of process. Such filing shall be made promptly following the appointment or removal from this state.

Source: SL 1993, ch 213, § 13; SDCL 30-36-13; SL 1995, ch 167, § 181.
S.D. Codified Laws § 29A-2-302 — SD Code / Title 29A / Chapter 2 / Section 29A-2-302
Omitted children
Status: in_force

(a) A child born to or adopted by the testator after the execution of the will who is neither mentioned nor provided for in the will is entitled to receive a share in the estate as follows:

(1) If the testator had no child living when the will was executed, the omitted after - born or after - adopted child receives a share in the estate equal in value to that which the child would have received had the testator died intestate, unless the will devised all or substantially all of the estate to the other parent of the omitted child and that other parent survives the testator and is entitled to take under the will. In satisfying the share, devises made by the will abate under § 29A-3-902 .

(2) If the testator had one or more children living when the will was executed, and the will devised property or an interest in property to one or more of the then - living children:

(i) The portion of the testator's estate in which the omitted after - born or after - adopted child is entitled to share is limited to the devises made to the testator's then - living children.

(ii) The omitted after - born or after - adopted child is entitled to receive the portion of the devised property or interest in property that the child would have received had the testator included all omitted after - born and after - adopted children with the children to whom devises were made and had given each child an equal share of the devises.

(iii) To the extent feasible, the interest granted the omitted after - born or after - adopted child must be of the same character, whether equitable or legal, present or future, as that devised to the testator's then - living children.

(iv) In satisfying the share, devises to the testator's children who were living when the will was executed abate ratably. In abating the devises, the court shall preserve to the maximum extent possible the character of the testamentary plan adopted by the testator.

(3) Despite the foregoing, an omitted after - born or after - adopted child may not receive a share in the estate if the testator provided for the child by transfer outside the will and the intent that the transfer be in lieu of a testamentary provision is shown by the testator's statements or is reasonably inferred from the amount of the transfer or other evidence.

(b) For purposes of this section, a child whom the testator failed to provide for by will because the testator believed the child to be dead shall be considered an omitted after - born or after - adopted child.

Source: SL 1995, ch 167, § 2-302.
S.D. Codified Laws § 29A-6-108 — SD Code / Title 29A / Chapter 6 / Section 29A-6-108
Financial institution as party to multiple-party accounts
Status: in_force

Any financial institution may enter into multiple - party accounts to the same extent that they may enter into single - party accounts. Any multiple - party account may be paid, on request, to any one or more of the parties. No financial institution may be required to inquire as to the source of funds received for deposit to a multiple - party account or to inquire as to the proposed application of any sum withdrawn from an account for purposes of establishing net contributions.

Source: SL 1987, ch 208, § 8; SDCL 30-23-50; SL 1995, ch 167, § 172.
S.D. Codified Laws § 29A-5A-201 — SD Code / Title 29A / Chapter 5A / Section 29A-5A-201
Definitions--Significant connection factors
Status: in_force

(a) In §§ 29A-5A-201 to 29A-5A-209 , inclusive:

(1) "Emergency" means a circumstance that likely will result in substantial harm to a respondent's health, safety, or welfare, and for which the appointment of a guardian is necessary because no other person has authority and is willing to act on the respondent's behalf.

(2) "Home state" means the state in which the respondent was physically present, including any period of temporary absence, for at least six consecutive months immediately before the filing of a petition for a protective order or the appointment of a guardian; or if none, the state in which the respondent was physically present, including any period of temporary absence, for at least six consecutive months ending within the six months prior to the filing of the petition.

(3) "Significant-connection state" means a state, other than the home state, with which a respondent has a significant connection other than mere physical presence and in which substantial evidence concerning the respondent is available.

(b) In determining under § 29A-5A-203 and subsection 29A-5A-301(e) whether a respondent has a significant connection with a particular state, the court shall consider:

(1) The location of the respondent's family and other persons required to be notified of the guardianship or protective proceeding;

(2) The length of time the respondent at any time was physically present in the state and the duration of any absence;

(3) The location of the respondent's property; and

(4) The extent to which the respondent has ties to the state such as voting registration, state or local tax return filing, vehicle registration, drivers license, social relationship, and receipt of services.

Source: SL 2011, ch 135, § 201.
S.D. Codified Laws § 29A-2-201 — SD Code / Title 29A / Chapter 2 / Section 29A-2-201
Definitions
Status: in_force

In this Part:

(1) As used in sections other than § 29A-2-205 , "decedent's nonprobate transfers to others" means the amounts that are included in the augmented estate under § 29A-2-205 .

(2) "Fractional interest in property held in joint tenancy with the right of survivorship" means the fraction, the numerator of which is one and the denominator of which, if the decedent was a joint tenant, is one plus the number of joint tenants who survive the decedent and which, if the decedent was not a joint tenant, is the number of joint tenants.

(3) "Marriage," as it relates to a transfer by the decedent during marriage, means any marriage of the decedent to the decedent's surviving spouse.

(4) "Nonadverse party" means a person who does not have a substantial beneficial interest in the trust or other property arrangement that would be adversely affected by the exercise or nonexercise of the power that the person possesses respecting the trust or other property arrangement. A person having a general power of appointment over property is deemed to have a beneficial interest in the property.

(5) "Power" or "power of appointment" includes a power to designate the beneficiary of a beneficiary designation.

(6) "Probate estate" means homestead allowance, family allowances, exempt property and property that would pass by intestate succession if the decedent died without a valid will.

(7) "Property" includes values subject to a beneficiary designation.

(8) "Right to income" includes a right to payments under a commercial or private annuity, an annuity trust, a unitrust, a pension, profit - sharing or other retirement plan or account, or a similar arrangement.

(9) "Transfer," as it relates to a transfer by or of the decedent, includes (A) an exercise or release of a presently exercisable general power of appointment held by the decedent, (B) a lapse at death of a presently exercisable general power of appointment held by the decedent, and (C) an exercise, release, or lapse of a general power of appointment that the decedent created in the decedent's own favor and of a power described in § 29A-2-205(2)(ii) that the decedent conferred on a nonadverse party.

Source: SL 1995, ch 167, § 2-201.
S.D. Codified Laws § 29A-3-811 — SD Code / Title 29A / Chapter 3 / Section 29A-3-811
Counterclaims
Status: in_force

In allowing a claim the personal representative may deduct any counterclaim which the estate has against the claimant. In determining a claim against an estate a court shall reduce the amount allowed by the amount of any counterclaim and, if the counterclaims exceed the claim, render a judgment against the claimant in the amount of the excess. A counterclaim, liquidated or unliquidated, may arise from a transaction other than that upon which the claim is based. A counterclaim may give rise to relief exceeding in amount or different in kind from that sought in the claim.

Source: SL 1994, ch 232, § 3-811.
S.D. Codified Laws § 29A-3-607 — SD Code / Title 29A / Chapter 3 / Section 29A-3-607
Order restraining personal representative
Status: in_force

(a) On petition of any person who appears to have an interest in the estate, the court by temporary order may restrain a personal representative from performing specified acts of administration, disbursement, or distribution, or exercise of any powers or discharge of any duties of office, or make any other order to secure proper performance by the personal representative, if it appears to the court that the personal representative otherwise may take some action which would jeopardize unreasonably the interest of the petitioner or of some other interested person. Persons with whom the personal representative may transact business may be made parties.

(b) The matter shall be set for hearing at such time and with such notice as the court shall direct.

Source: SL 1994, ch 232, § 3-607.
S.D. Codified Laws § 29A-5-309 — SD Code / Title 29A / Chapter 5 / Section 29A-5-309
Contest of appointment by protected person
Status: in_force

The court shall appoint an attorney for the person alleged to need protection, either upon the filing of the petition or at any time thereafter, if requested by the person alleged to need protection, if the person expresses a desire to contest the petition, or if the court determines that an appointment is otherwise needed to protect the person's interests. In appointing an attorney, the court shall consider any known preferences of the person alleged to need protection.

If the person alleged to need protection is not or will not be represented by an attorney, the court shall either appoint a court representative to make an investigation and recommendation concerning the relief requested in the petition or shall order the person alleged to need protection to attend the hearing on the petition.

If the basis of the petition is that the person alleged to need protection is an absentee, the court shall appoint an attorney if the court determines that an appointment is needed to protect the person's interests, but the court need not appoint a court representative or order attendance at the hearing.

In addition to any court-ordered evaluation, a person alleged to need protection who is contesting a petition may obtain an evaluation at the person's own expense to be completed by a licensed healthcare professional of the person's choice in accordance with § 29A-5-306 , which must be included in the file and considered by the court.

Source: SL 1993, ch 213, § 37; SDCL 30-36-37; SL 1995, ch 167, § 181; SL 2023, ch 95, § 2.
S.D. Codified Laws § 29A-5-507 — SD Code / Title 29A / Chapter 5 / Section 29A-5-507
Termination of guardianship or conservatorship upon death of protected person
Status: in_force

A guardianship or conservatorship of a protected person shall terminate upon the death of the protected person, if jurisdiction is transferred to another state, or if ordered by the court following a hearing.

Source: SL 1993, ch 213, § 70; SDCL 30-36-70; SL 1995, ch 167, § 181.
S.D. Codified Laws § 29A-2-210 — SD Code / Title 29A / Chapter 2 / Section 29A-2-210
Personal liability of recipients
Status: in_force

(a) Only original recipients of the decedent's nonprobate transfers to others, and the donees of the recipients of the decedent's nonprobate transfers to others, to the extent the donees have the property or its proceeds, are liable to make a proportional contribution toward satisfaction of the surviving spouse's elective - share or supplemental elective - share amount. A person liable to make contribution may choose to give up the person's proportional part of the decedent's nonprobate transfers or to pay the value of the amount for which the person is liable.

(b) If any section or part of any section of this part is preempted by federal law with respect to a payment, an item of property, or any other benefit included in the decedent's nonprobate transfers to others, a person who, not for value, receives the payment, item of property, or any other benefit is obligated to return the payment, item of property, or benefit, or is personally liable for the amount of the payment or the value of that item of property or benefit, as provided in § 29A-2-209 , to the person who would have been entitled to it were that section or part of that section not preempted.

Source: SL 1995, ch 167, § 2-210.
S.D. Codified Laws § 29A-1-310 — SD Code / Title 29A / Chapter 1 / Section 29A-1-310
Oath or affirmance on filed documents
Status: in_force

Except as otherwise specifically provided in this code, every document filed with the court under this code including applications, petitions, and demands for notice, shall be deemed to include an oath, affirmation, or statement to the effect that its representations are true as far as the person executing or filing it knows or is informed, and penalties for perjury may follow deliberate falsification in the document.

Source: SL 1995, ch 167, § 1-310.
S.D. Codified Laws § 29A-2-515 — SD Code / Title 29A / Chapter 2 / Section 29A-2-515
Deposit of will with court in testator's lifetime
Status: in_force

A will may be deposited by the testator or the testator's agent with any court for safekeeping. The will must be sealed and kept confidential. During the testator's lifetime, a deposited will must be delivered only to the testator or to a person authorized in writing signed by the testator to receive the will. A conservator may be allowed to examine a deposited will of a protected testator under procedures designed to maintain the confidential character of the document to the extent possible, and to ensure that it will be resealed and kept on deposit after the examination. Upon being informed of the testator's death, the court shall notify any person designated to receive the will and deliver it to that person on request; or the court may deliver the will to the appropriate court.

Source: SL 1995, ch 167, § 2-515.
S.D. Codified Laws § 29A-5A-101 — SD Code / Title 29A / Chapter 5A / Section 29A-5A-101
Citation of chapter
Status: in_force

This chapter may be cited as the Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act.

Source: SL 2011, ch 135, § 101.
S.D. Codified Laws § 29A-5-425 — SD Code / Title 29A / Chapter 5 / Section 29A-5-425
Types of restrictions--Supervised interaction
Status: in_force

Before issuing an order pursuant to § 29A-5-424 , the court shall consider imposing the following restrictions in the order listed:

(1) Placing reasonable time, manner, or place restrictions on communication, visitation, or interaction between the protected person and the other person based on the history between the protected person and the other person or the protected person's wishes, or both;

(2) Requiring that communication, visitation, or interaction between the protected person and the other person be supervised; or

(3) Denying communication, visitation, or interaction between the protected person and the other person.

If the court finds that the other person poses a threat to the protected person, the court may order supervised communication, visitation, or interaction pursuant to subdivision (2) before denying any communication, visitation, or interaction.

Source: SL 2016, ch 150, § 5.
S.D. Codified Laws § 29A-5-108 — SD Code / Title 29A / Chapter 5 / Section 29A-5-108
Filing petition for appointment--Jurisdiction
Status: in_force

A petition for the appointment of a guardian or conservator shall be filed in the county in which the minor either resides or is present or, if the minor has been admitted to a facility pursuant to an order of court, in the county in which that court is located. If the minor neither resides in nor is present in this state, a petition for the appointment of a conservator shall be filed in a county in which the minor has property or in the county having jurisdiction of a decedent's estate in which the minor has an interest. The court of the county in which the proceeding is first commenced shall have exclusive jurisdiction to decide the petition unless that court determines that a transfer of venue would be in the best interests of the minor.

Source: SL 1993, ch 213, § 8; SDCL § 30-36-8; SL 1995, ch 167, § 181; SL 2011, ch 135, § 503.
S.D. Codified Laws § 29A-6-432 — SD Code / Title 29A / Chapter 6 / Section 29A-6-432
Optional form of affidavit of confirmation
Status: in_force

The following form or a document that contains substantially all of the following information may be used to create the affidavit of confirmation:

1. ________________ (Decedent) is the person named in the certified copy of the Certificate of Death attached hereto.

2. On the date of death, Decedent was an owner of the property in ______________ County, South Dakota, legally described as follows: ___________________________________ and Decedent was the transferor in a transfer on death deed (Deed) recorded on _____________, as in Book ______ of _____, Page _____, in the office of the register of deeds of ______________ County, South Dakota.

3. The name(s) and address(es) of the Designated Beneficiary(ies) named in the Deed who survived the Decedent is(are):

_________________________________________________________

_________________________________________________________

_________________________________________________________

4. The name(s) and address(es) of the contingent beneficiary or person who takes under the anti-lapse statutes and who survived the Decedent.

_________________________________________________________

_________________________________________________________

5. The Designated Beneficiary(ies) named in the Deed who did not survive the Decedent is(are):

_________________________________________________________

_________________________________________________________

6. Notice of the death of the Decedent has been given to the South Dakota Department of Social Services and it has been determined that no assistance was provided or that any obligation for reimbursement to the department has been satisfied.

Affiant

Notary

Source: SL 2014, ch 133, § 32.
S.D. Codified Laws § 29A-3-718 — SD Code / Title 29A / Chapter 3 / Section 29A-3-718
Powers of surviving personal representative
Status: in_force

Unless the terms of the will otherwise provide, when one or more persons nominated as co - representatives fail or refuse to qualify or accept appointment as personal representative, or when the appointment of one or more co - representatives is terminated as provided in §§ 29A-3-609 to 29A-3-612 , inclusive, the representative or representatives appointed or remaining in office shall proceed to administer the estate and may exercise all of the powers incident to the office.

Source: SL 1994, ch 232, § 3-718.
S.D. Codified Laws § 29A-3-303 — SD Code / Title 29A / Chapter 3 / Section 29A-3-303
Informal probate--Proof and findings required
Status: in_force

(a) In an informal proceeding for original probate of a will, the clerk shall determine whether:

(1) The application is complete;

(2) The applicant has made oath or affirmation that the statements contained in the application are true to the best of the applicant's knowledge and belief;

(3) The applicant appears from the application to be an interested person as defined in § 29A-1-201(23);

(4) On the basis of the statements in the application, venue is proper;

(5) An original, duly executed and apparently unrevoked will is in the registrar's possession;

(6) Any notice required by § 29A-3-204 has been given; and

(7) It appears from the application that the time limit for original probate has not expired.

(b) The application shall be denied if it indicates that a personal representative has been appointed in another county of this state or except as provided in subsection (d) below, if it appears that this or another will of the decedent has been the subject of a previous probate order.

(c) A will which appears to have the required signatures and which contains an attestation clause showing that the requirements of execution under § 29A-2-502 , 29A-2-503 , or 29A-2-506 have been met shall be probated without further proof. In other cases, the clerk may assume execution if the will appears to have been properly executed, or the clerk may accept a sworn statement or affidavit of any person having knowledge of the circumstances of execution, whether or not the person was a witness to the will.

(d) Informal probate of a will which has been previously probated elsewhere may be granted at any time upon written application by any interested person, together with deposit of a certified copy of the will and of the statement probating it from the office or court where it was first probated.

(e) A will from a foreign jurisdiction which does not provide for probate of a will after death and which is not eligible for probate under subsection (a) above, may be probated in this state upon receipt by the clerk of a duly certified copy of the will and a certificate of its legal custodian that the copy filed is a true copy and that the will has become operative under the law of that jurisdiction.

Source: SL 1994, ch 232, § 3-303; SL 1995, ch 167, § 105.
S.D. Codified Laws § 29A-2-509 — SD Code / Title 29A / Chapter 2 / Section 29A-2-509
Revival of revoked will
Status: in_force

(a) If a subsequent will that wholly revoked a previous will is thereafter revoked by a revocatory act under § 29A-2-507(a)(2), the previous will is revived only if it is evident from the circumstances of the revocation of the subsequent will or from the testator's contemporary or subsequent statements that the testator intended the previous will to take effect as executed.

(b) If a subsequent will that partly revoked a previous will is thereafter revoked by a revocatory act under § 29A-2-507(a)(2), a revoked part of the previous will is revived unless it is evident from the circumstances of the revocation of the subsequent will or from the testator's contemporary or subsequent statements that the testator did not intend the revoked part to take effect as executed.

(c) If a subsequent will that revoked a previous will in whole or in part is thereafter revoked by another, later, will, the previous will or its revoked part is revived only to the extent that it appears from the terms of the later will that the testator intended the previous will to take effect.

Source: SL 1995, ch 167, § 2-509.
S.D. Codified Laws § 29A-2-105 — SD Code / Title 29A / Chapter 2 / Section 29A-2-105
No taker
Status: in_force

If there is no taker under the provisions of this chapter, the intestate estate passes to the State of South Dakota as provided in § 29A-3-914 .

Source: SL 1995, ch 167, § 2-105.
S.D. Codified Laws § 29A-3-814 — SD Code / Title 29A / Chapter 3 / Section 29A-3-814
Encumbered assets
Status: in_force

If any assets of the estate are encumbered by mortgage, pledge, lien, or other security interest, the personal representative may pay the encumbrance or any part thereof, renew or extend any obligation secured by the encumbrance or convey or transfer the assets to the creditor in satisfaction of a lien, in whole or in part, whether or not the holder of the encumbrance has presented a claim, if it appears to be for the best interest of the estate. Payment of an encumbrance does not increase the share of the distributee entitled to the encumbered assets unless the distributee is entitled to exoneration.

Source: SL 1994, ch 232, § 3-814.
S.D. Codified Laws § 29A-5-503 — SD Code / Title 29A / Chapter 5 / Section 29A-5-503
Petition to resign as guardian or conservator
Status: in_force

A guardian or conservator may petition the court for permission to resign. Except for good cause shown, the court may not grant permission unless there is a suitable successor willing to act.

Source: SL 1993, ch 213, § 66; SDCL 30-36-66; SL 1995, ch 167, § 181.
S.D. Codified Laws § 29A-2-114 — SD Code / Title 29A / Chapter 2 / Section 29A-2-114
Parent and child relationships
Status: in_force

(a) For purposes of intestate succession by, from, or through a person, and except as provided in subsection (b), an individual born out of wedlock is the child of that individual's birth parents. However, inheritance from or through the child by a birth parent or that birth parent's kindred is precluded unless that birth parent has openly treated the child as kindred, and has not refused to support the child.

(b) For purposes of intestate succession by, from, or through a person, an adopted individual is the child of that individual's adopting parent or parents and not of that individual's birth parents, except that:

(1) Adoption of a child by the spouse of a birth parent has no effect on (i) the relationship between the child and the birth parent whose spouse has adopted the child or (ii) the right of the child or a descendant of the child to inherit from or through the other birth parent; and

(2) Adoption of a child by a birth grandparent or a descendant of a birth grandparent of the child has no effect on the right of the child or a descendant of the child to inherit from or through either birth parent;

(c) The identity of the mother of an individual born out of wedlock is established by the birth of the child. The identity of the father may be established by the subsequent marriage of the parents, by a written acknowledgment by the father during the child's lifetime, by a judicial determination of paternity during the father's lifetime, or by a presentation of clear and convincing proof in the proceeding to settle the father's estate.

Source: SL 1995, ch 167, § 2-114.
S.D. Codified Laws § 29A-2-513 — SD Code / Title 29A / Chapter 2 / Section 29A-2-513
Separate writing identifying devise of certain types of tangible personal property
Status: in_force

Whether or not the provisions relating to holographic wills apply, a will may refer to a written statement or list to dispose of items of tangible personal property not otherwise specifically disposed of by the will, other than money. To be admissible under this section as evidence of the intended disposition, the writing must be signed by the testator and must describe the items and the devisees with reasonable certainty. The writing may be referred to as one to be in existence at the time of the testator's death; it may be prepared before or after the execution of the will; it may be altered by the testator after its preparation; and it may be a writing that has no significance apart from its effect on the dispositions made by the will.

Source: SL 1995, ch 167, § 2-513.
S.D. Codified Laws § 29A-2-112 — SD Code / Title 29A / Chapter 2 / Section 29A-2-112
Dower and curtesy abolished
Status: in_force

Dower and curtesy are abolished.

Source: SL 1995, ch 167, § 2-112.
S.D. Codified Laws § 29A-1-402 — SD Code / Title 29A / Chapter 1 / Section 29A-1-402
Notice--Waiver
Status: in_force

A person, including a guardian ad litem, conservator, or other fiduciary, may waive notice by a writing signed by the person or the person's attorney and filed in the proceeding. An individual for whom a guardianship or conservatorship is sought, or for whom a guardian or conservator has been appointed, may not waive notice.

Source: SL 1995, ch 167, § 1-402.
S.D. Codified Laws § 29A-2-801 — SD Code / Title 29A / Chapter 2 / Section 29A-2-801
Disclaimer of property interest
Status: in_force

(a) Any person who may be entitled to receive any property or beneficial interest, vested or otherwise, under any will of or by intestate succession from a decedent, or as a surviving joint tenant of a decedent, or under the terms of an inter vivos trust or other lifetime transfer, or as the beneficiary of any life insurance policy, of any retirement plan or of any other contract, shall have the right to disclaim irrevocably the whole or any part of such property or beneficial interest.

(b) If a disclaimer of an interest receivable under a will or by intestate succession is made in writing and filed with the clerk of the court in which the estate is or was pending, (i) if of a present interest, not later than nine months after the date of death of the testator or intestate from whom such interest is receivable, then that disclaimer is retroactive to the decedent's death and the interest so disclaimed passes as if the person disclaiming had predeceased the decedent, and (ii) if of a future interest, not later than nine months after the event determining that the taker is finally ascertained and the taker's interest is indefeasibly vested, then that disclaimer is retroactive to the determining event and the disclaimed interest passes as if the person disclaiming had predeceased that event.

(c) If a disclaimer of an interest receivable by the surviving joint tenant of a decedent is made in writing and filed with the clerk of the court in which the joint tenancy or estate proceeding is pending not later than nine months after the decedent's death, then that disclaimer is retroactive to the decedent's death and the joint interest so disclaimed passes as if the surviving joint tenant had predeceased the decedent.

(d) If the disclaimer of an interest receivable as beneficiary of a life insurance policy, of a retirement plan, or of any other contract is made in writing and filed with the clerk of the court in which the estate is pending, or if no estate is pending, with the insurer, employer, or other issuer of the contract, not later than nine months after the date of death of the decedent from whom such interest is receivable, then that disclaimer is retroactive to the decedent's death and the interest so disclaimed passes in the same manner as if the person disclaiming had predeceased the decedent.

(e) If the disclaimer of an interest receivable under an inter vivos trust or lifetime transfer is made in writing and delivered to the then acting trustee of the trust or to the donor or the personal representative of the donor's estate, (i) if of a present interest, not later than nine months after the day on which the transfer creating the interest in the donee was made, then that disclaimer is retroactive to the date of the creation of the interest and the interest so disclaimed passes as if the person so disclaiming had predeceased the creation of the interest, and (ii) if of a future interest, not later than nine months after the event determining that the taker is finally ascertained and the taker's interest is indefeasibly vested, then that disclaimer is retroactive to the determining event and the disclaimed interest passes as if the person disclaiming had predeceased that event.

(f) The time for making a disclaimer shall not in any case expire until nine months after the day on which the person entitled to make the disclaimer attains the age of twenty - one.

(g) Nothing in this section shall prevent a testator from providing in a will or a settlor from providing in a trust for the making of disclaimers and for the disposition of disclaimed property in a manner different from the provisions hereof.

(h) The right and means provided in this section for the making of a disclaimer are not exclusive but are in addition to every other right and means of a person to make a disclaimer. Nothing in this section shall prevent the making of a disclaimer in any lawful manner.

(i) A disclaimer not made within the time limits prescribed by this section shall be construed as an assignment of the interest disclaimed to the persons who would be entitled to take had the disclaimer been timely made.

(j) The right and procedure provided in this section for the making of a disclaimer is available to and exercisable by a conservator, a personal representative, a trustee, or an agent acting on a person's behalf within the authority of a power of attorney. A disclaimer by a conservator shall be subject to the requirements of § 29A-5-420 . A disclaimer by a personal representative shall be exercised in the best interests of the estate and only following entry of an appropriate order by the court having jurisdiction. A disclaimer by a trustee shall be exercised in the best interests of the trust estate.

(k) The right to disclaim property or an interest therein is barred by, and any attempted disclaimer shall be invalidated by:

(1) An assignment, conveyance, encumbrance, pledge, or transfer of property or interest, or a contract therefor;

(2) A written waiver of the right to disclaim;

(3) An acceptance of the property or interest or benefit thereunder; or

(4) A sale of the property or interest under judicial sale made before the disclaimer is effected. The right to disclaim exists notwithstanding any limitation on the interest of the disclaimant in the nature of a spendthrift provision or similar restriction. The disclaimer or the written waiver of the right to disclaim is binding on the disclaimant or person waiving and all persons claiming through or under the disclaimant or person waiving.

(l) Whenever a disclaimer affects any interest in real estate, a certified copy of the disclaimer may be recorded at anytime in the office of the register of deeds in each county wherein any such real estate is located. Failure to so record such a disclaimer does not affect the validity of the disclaimer.

Source: SL 1995, ch 167, § 2-801; SL 1999, ch 144, § 1; SL 2002, ch 100, § 3.
S.D. Codified Laws § 29A-1-108 — SD Code / Title 29A / Chapter 1 / Section 29A-1-108
Acts by holder of general power
Status: in_force

For the purpose of granting consent or approval with regard to the acts or accounts of a personal representative or trustee, and for purposes of consenting to modification or termination of a trust or to deviation from its terms, the sole holder or all co - holders of a presently exercisable general power of appointment are deemed to act for beneficiaries to the extent their interests (as objects, takers in default, or otherwise) are subject to the power.

Source: SL 1995, ch 167, § 1-108.
S.D. Codified Laws § 29A-3-909 — SD Code / Title 29A / Chapter 3 / Section 29A-3-909
Improper distribution--Liability of distributee
Status: in_force

Unless the distribution or payment no longer can be questioned because of adjudication, estoppel, or limitation, a distributee of property improperly distributed or paid, or a claimant who was improperly paid, is liable to return the property improperly received and its income since distribution if the distributee or claimant has the property. If the distributee or claimant does not have the property, then the distributee or claimant is liable to return the value as of the date of disposition of the property improperly received and any income and gain which the distributee or claimant received.

Source: SL 1994, ch 232, § 3-909.
S.D. Codified Laws § 29A-3-414 — SD Code / Title 29A / Chapter 3 / Section 29A-3-414
Formal proceedings concerning appointment of personal representative
Status: in_force

(a) A formal proceeding for adjudication regarding the priority or qualification of an applicant for appointment as personal representative, or of a person previously appointed personal representative in informal proceedings, is governed by § 29A-3-402 , as well as by this section if an issue concerning the testacy of the decedent is or may be involved. In other cases, the petition shall contain or adopt the statements required by subsection 29A-3-301(a)(1) and describe the question relating to priority or qualification of the personal representative which is to be resolved. If the proceeding precedes any appointment of a personal representative, it shall stay any pending informal appointment proceedings as well as any commenced thereafter.

(b) After notice to interested persons, including all persons interested in the administration of the estate as successors under the applicable assumption concerning testacy, any previously appointed personal representative, any person having or claiming priority for appointment as personal representative, the court shall determine who is entitled to appointment under § 29A-3-203 , make a proper appointment and, if appropriate, terminate any prior appointment found to have been improper as provided in cases of removal under § 29A-3-611 .

Source: SL 1994, ch 232, § 3-414; SL 1995, ch 167, § 116.
S.D. Codified Laws § 29A-2-506 — SD Code / Title 29A / Chapter 2 / Section 29A-2-506
Choice of law as to execution
Status: in_force

A written will is valid if executed in compliance with § 29A-2-502 or 29A-2-503 or if its execution complies with the law at the time of execution of the jurisdiction where the will is executed, or of the law of the jurisdiction where at the time of execution or at the time of death the testator is domiciled, has a place of abode, or is a national.

Source: SL 1995, ch 167, § 2-506.
S.D. Codified Laws § 29A-5-310 — SD Code / Title 29A / Chapter 5 / Section 29A-5-310
Duties of court representative
Status: in_force

Except to the extent excused by the court for good cause shown, the court representative shall interview the petitioner and the proposed guardian or conservator, shall visit the person alleged to need protection at the place where the person is located, shall orally explain the contents of the notice and petition to the person alleged to need protection and record his response, and shall ascertain whether the person alleged to need protection desires and is able to attend the hearing on the petition. The court representative shall make a recommendation to the court concerning the relief requested in the petition and shall submit a written report unless the court otherwise orders.

Source: SL 1993, ch 213, § 38; SDCL 30-36-38; SL 1995, ch 167, § 181; SL 2000, ch 136, § 1.
S.D. Codified Laws § 29A-3-610 — SD Code / Title 29A / Chapter 3 / Section 29A-3-610
Termination of appointment--Voluntary
Status: in_force

(a) An appointment of a personal representative terminates as provided in § 29A-3-1003 , one year after the filing of a closing statement.

(b) An order closing an estate as provided in § 29A-3-1001 terminates an appointment of a personal representative.

(c) A personal representative may resign the position of personal representative by filing a written statement of resignation with the clerk after giving at least fourteen days written notice to the persons known to be interested in the estate. If the person resigning is the sole personal representative and no one applies or petitions for appointment of a successor representative within the time stated in the notice, the filed statement of resignation is ineffective as a termination of appointment and in any event is effective only upon the appointment and qualification of a successor representative and delivery of the assets to that successor. If the person resigning is a co - representative, the resignation is effective only upon delivery of assets in the representative's possession to the co - representatives remaining in office.

Source: SL 1994, ch 232, § 3-610; SL 1995, ch 167, § 119.
S.D. Codified Laws § 29A-3-710 — SD Code / Title 29A / Chapter 3 / Section 29A-3-710
Power to avoid transfers
Status: in_force

The property liable for the payment of unsecured debts of a decedent includes all property transferred by the decedent by any means which is in law void or voidable as against creditors. Subject to prior liens, the right to recover this property, so far as necessary for the payment of unsecured debts of the decedent, is exclusively in the personal representative.

Source: SL 1994, ch 232, § 3-710.
S.D. Codified Laws § 29A-2-511 — SD Code / Title 29A / Chapter 2 / Section 29A-2-511
Testamentary additions to trusts
Status: in_force

(a) A will may validly devise property to the trustee of a trust established or to be established (i) during the testator's lifetime by the testator, by the testator and some other person, or by some other person, including a funded or unfunded life insurance trust, although the settlor has reserved any or all rights of ownership of the insurance contracts, or (ii) at the testator's death by the testator's devise to the trustee, if the trust is identified in the testator's will and its terms are set forth in a written instrument, other than a will, executed before, concurrently with, or after the execution of the testator's will or in another individual's will if that other individual has predeceased the testator, regardless of the existence, size, or character of the corpus of the trust. The devise is not invalid because the trust is amendable or revocable, or because the trust was amended after the execution of the will or the testator's death.

(b) Unless the testator's will provides otherwise, property devised to a trust described in subsection (a) is not held under a testamentary trust of the testator, but it becomes a part of the trust to which it is devised, and must be administered and disposed of in accordance with the provisions of the governing instrument setting forth the terms of the trust, including any amendments thereto made before or after the testator's death.

(c) Unless the testator's will provides otherwise, a revocation or termination of the trust before the testator's death causes the devise to lapse.

Source: SL 1995, ch 167, § 2-511.
S.D. Codified Laws § 29A-6-431 — SD Code / Title 29A / Chapter 6 / Section 29A-6-431
Optional form of revocation
Status: in_force

The following form may be used to create an instrument of revocation under this part. The provisions of this part govern the effect of this or any other instrument used to revoke a transfer on death deed.

The undersigned, as the owner on the transfer on death deed recorded on (date) __________ in Book _______ of _______, Page _____ in the office of the register of deeds of __________ County, South Dakota, affecting real property legally described as follows: (legal description) _________________________________________________________ hereby revokes the previous transfer.

Source: SL 2014, ch 133, § 31.
S.D. Codified Laws § 29A-5-208 — SD Code / Title 29A / Chapter 5 / Section 29A-5-208
Hearing--Convenience--Participants--Determination of appointment--Findings and conclusions
Status: in_force

The hearing on the petition to appoint a guardian or conservator shall be held at such convenient place as the court directs, including the place where the minor is located. The court may close the hearing to the public. The minor, if age ten or older, and the proposed guardian or conservator shall attend the hearing except for good cause shown. Any individual or entity may apply for permission to participate at the hearing, and the court shall grant the request if reasonably satisfied that the applicant's participation would be in the minor's best interests.

The determination as to whether a guardian or conservator will be appointed is for the court alone to decide and may only be ordered if in the minor's best interests. In making that determination, the court shall consider the suitability of the proposed guardian or conservator, the minor's current or proposed living arrangements, the extent to which the minor has money or other property requiring management or protection, the availability of less restrictive alternatives, the extent to which it is necessary to protect the minor from neglect, exploitation, or abuse, and if applicable, the minor's need for habilitation or therapeutic treatment.

The court shall make findings of fact and conclusions of law in support of any orders entered at the hearing if requested by the minor, by the minor's attorney, or by any other interested person.

Upon the filing of an acceptance of office and any required bond, letters of guardianship, conservatorship, or both, shall issue.

Source: SL 1993, ch 213, § 26; SDCL 30-36-26; SL 1995, ch 167, § 181.
S.D. Codified Laws § 29A-6-418 — SD Code / Title 29A / Chapter 6 / Section 29A-6-418
Transfer on death deed transfers property without covenant or warranty of title
Status: in_force

A transfer on death deed transfers property without covenant or warranty of title even if the deed contains a contrary provision.

Source: SL 2014, ch 133, § 18.
S.D. Codified Laws § 29A-6-309 — SD Code / Title 29A / Chapter 6 / Section 29A-6-309
Nontestamentary transfer on death
Status: in_force

(a) A transfer on death resulting from a registration in beneficiary form is effective by reason of the contract regarding the registration between the owner and the registering entity and this part and is not testamentary.

(b) This part does not limit the rights of creditors of security owners against beneficiaries and other transferees under other laws of this state.

Source: SL 1995, ch 168, § 6-309.
S.D. Codified Laws § 29A-3-618 — SD Code / Title 29A / Chapter 3 / Section 29A-3-618
Termination of appointment--Special administrator
Status: in_force

The appointment of a special administrator terminates in accordance with the provisions of the order of appointment or on the appointment of a general personal representative. In other cases, the appointment of a special administrator is subject to termination as provided in §§ 29A-3-608 to 29A-3-611 , inclusive.

Source: SL 1994, ch 232, § 3-618.
S.D. Codified Laws § 29A-3-102 — SD Code / Title 29A / Chapter 3 / Section 29A-3-102
Necessity of order of probate for will
Status: in_force

Except as provided in § 29A-3-1201 , to be effective to prove the transfer of any property or to nominate a personal representative, a will shall be declared to be valid by an order of informal probate by the clerk of court, or an adjudication of probate by the court.

Source: SL 1994, ch 232, § 3-102; SL 1995, ch 167, § 98; SL 2002, ch 138, § 1.
S.D. Codified Laws § 29A-3-712 — SD Code / Title 29A / Chapter 3 / Section 29A-3-712
Improper exercise of power--Breach of fiduciary duty
Status: in_force

If the exercise of power concerning the estate is improper, the personal representative is liable to interested persons for damage or loss resulting from breach of fiduciary duty. The rights of purchasers and others dealing with a personal representative shall be determined as provided in §§ 29A-3-713 and 29A-3-714 .

Source: SL 1994, ch 232, § 3-712.
S.D. Codified Laws § 29A-6-403 — SD Code / Title 29A / Chapter 6 / Section 29A-6-403
Transfer on death deed authorized
Status: in_force

Property may be transferred to one or more beneficiaries by a transfer on a death deed and is effective at the transferor's death.

Source: SL 2014, ch 133, § 3.
S.D. Codified Laws § 29A-2-502 — SD Code / Title 29A / Chapter 2 / Section 29A-2-502
Holographic will--Validity of non-holographic will--Establishing intent
Status: in_force

(a) A will is valid as a holographic will, whether or not witnessed, if the signature and material portions of the document are in the testator's handwriting.

(b) A will not valid as a holographic will must be:

(1) In writing;

(2) Signed by the testator or in the testator's name by some other individual in the testator's conscious presence and by the testator's direction; and

(3) Signed in the conscious presence of the testator by two or more individuals who, in the conscious presence of the testator, witnessed either the signing of the will or the testator's acknowledgment of that signature.

(c) Intent that the document constitute the testator's will can be established by extrinsic evidence, including, for holographic wills, portions of the document that are not in the testator's handwriting.

Source: SL 1995, ch 167, § 2-502.
S.D. Codified Laws § 29A-3-801 — SD Code / Title 29A / Chapter 3 / Section 29A-3-801
Notice to creditors
Status: in_force

(a) A personal representative upon appointment may publish a notice to creditors once a week for three successive weeks in a legal newspaper in the county in which the proceeding is pending giving the personal representative's name and address and notifying creditors of the decedent to present their claims within four months after the date of the first publication of the notice or the claim may be barred.

(b) Except as provided in subsection (c), a personal representative shall give written notice by mail or other delivery to a creditor of the decedent, who is either known to or reasonably ascertainable by the personal representative, informing the creditor to present the claim within four months after the date of the personal representative's appointment, or within sixty days after the mailing or other delivery of the written notice, whichever is later, or be forever barred.

(c) A personal representative need not give written notice to a creditor if any of the following apply:

(1) The creditor has presented a claim against the estate;

(2) The creditor has been paid in full;

(3) The creditor was neither known to nor reasonably ascertainable by the personal representative within four months after the personal representative's appointment.

(d) For purposes of this section, a creditor is known if the personal representative is aware that the creditor has demanded payment from the decedent or the estate or if the personal representative is otherwise aware of the decedent's obligation.

(e) No personal representative may incur liability for a nonnegligent or nonwillful failure to give notice to a particular creditor. Liability, if any, for such failure shall attach to the estate.

Source: SL 1994, ch 232, § 3-801; SL 1995, ch 167, § 124.
S.D. Codified Laws § 29A-3-204 — SD Code / Title 29A / Chapter 3 / Section 29A-3-204
Demand for notice of order or filing concerning decedent's estate
Status: in_force

Any interested person desiring notice of any order or filing pertaining to a decedent's estate may file a demand for notice with the court at any time after the death of the decedent stating the name of the decedent, the nature of the demandant's interest in the estate, and the demandant's address or that of the demandant's attorney. The demandant shall mail a copy of the demand to the personal representative if one has been appointed. After filing of a demand, no order or filing to which the demand relates shall be made or accepted without notice as prescribed in § 29A-1-401 to the demandant or the demandant's attorney. The validity of an order which is issued or filing which is accepted without compliance with this requirement shall not be affected by the error, but the petitioner receiving the order or the person making the filing may be liable for any damage caused by the absence of notice. The requirement of notice arising from a demand under this provision may be waived in writing by the demandant and shall cease upon the termination of the demandant's interest in the estate.

Source: SL 1994, ch 232, § 3-204.
S.D. Codified Laws § 29A-6-401 — SD Code / Title 29A / Chapter 6 / Section 29A-6-401
Short title
Status: in_force

This part may be cited as the South Dakota Real Property Transfer on Death Act.

Source: SL 2014, ch 133, § 1.
S.D. Codified Laws § 29A-5-410 — SD Code / Title 29A / Chapter 5 / Section 29A-5-410
Notice of hearing on petition for order subsequent to appointment
Status: in_force

Except as otherwise provided in this chapter or as ordered by the court for good cause shown, notice of hearing on a petition for an order subsequent to the appointment of a guardian or conservator, including an order approving a guardian's report or conservator's accounting, shall be mailed to the minor, if age ten or older, to the protected person, to their attorneys of record, if any, to the relatives of the minor or protected person who would then be entitled to notice of an original petition to appoint, to any facility that is responsible for the care or custody of the minor or protected person, to the guardian or conservator, if the guardian or conservator is not the petitioner, and to such other individuals or entities as the court may order. Unless otherwise ordered by the court, the notice shall be mailed at least fourteen days prior to the hearing and shall be accompanied by a copy of the petition or other document. A minor or protected person may not waive compliance with this section, and the court may not dispense with notice to a minor or protected person unless the minor or protected person is an absentee or the court is reasonably satisfied that such notice will likely cause significant harm to the minor or protected person and the court's finding is supported by a written report of a physician, psychiatrist or licensed psychologist. If deceased, notice to a minor or protected person shall be sent to his last known address or to his successors in interest.

Source: SL 1993, ch 213, § 53; SDCL 30-36-53; SL 1995, ch 167, § 181.
S.D. Codified Laws § 29A-3-307 — SD Code / Title 29A / Chapter 3 / Section 29A-3-307
Informal appointment proceedings--Delay in order--Duty of Clerk--Effect of appointment
Status: in_force

(a) Upon receipt of an application for informal appointment of a personal representative other than a special administrator as provided in § 29A-3-614 , if at least one hundred twenty hours have elapsed since the decedent's death, the clerk, after making the findings required by § 29A-3-308 , shall appoint the applicant subject to qualification and acceptance; provided, that if the decedent was a nonresident, the clerk shall delay the order of appointment until thirty days have elapsed since death unless the personal representative appointed at the decedent's domicile is the applicant, or unless the decedent's will directs that the estate be subject to the laws of this state.

(b) The status of personal representative and the powers and duties pertaining to the office are fully established by informal appointment. An appointment, and the office of personal representative created thereby, is subject to termination as provided in §§ 29A-3-608 to 29A-3-612 , inclusive, but may not be vacated retroactively.

Source: SL 1994, ch 232, § 3-307; SL 1995, ch 167, § 107.
S.D. Codified Laws § 29A-3-904 — SD Code / Title 29A / Chapter 3 / Section 29A-3-904
Interest on general pecuniary devise
Status: in_force

General pecuniary devises bear interest at the category B rate of interest specified in § 54-3-16 beginning one year after the first appointment of a personal representative until payment, unless a contrary intent is indicated by the will.

Source: SL 1994, ch 232, § 3-904; SL 1995, ch 167, § 131.
S.D. Codified Laws § 29A-5-203 — SD Code / Title 29A / Chapter 5 / Section 29A-5-203
Who may file petition for appointment--Contents of petition
Status: in_force

A petition for the appointment of a guardian, a conservator, or both, may be filed by the minor, by an interested relative, by the individual or facility that is responsible for or has assumed responsibility for the minor's care or custody, by the individual or entity that the minor has nominated as guardian or conservator, or by any other interested person, including the department of human services or the department of social services.

A petition for the appointment of a guardian, a conservator, or both, shall state the petitioner's name, place of residence, post office address, relationship to the minor, and shall, to the extent known as of the date of filing, state the following with respect to the minor and the relief requested:

(1) The minor's name, date of birth, place of residence or location, and post office address;

(2) The names and post office addresses of the minor's spouse, children, parents, and brothers and sisters, or if none, the minor's nearest known relatives who would be entitled to succeed to the minor's estate by intestate succession;

(3) The name, place of residence or location, and post office address of the individual or facility that is responsible for or has assumed responsibility for the minor's care or custody;

(4) The reasons why guardianship or conservatorship is requested and the interest of the petitioner in the appointment;

(5) The name, post office address and, if the proposed guardian or conservator is an individual, the individual's age, occupation and relationship to the minor;

(6) The name, post office address and, if the minor is age fourteen or older and has nominated a guardian or conservator who is an individual, the individual's age, occupation and relationship to the minor;

(7) The name, post office address and, if a deceased parent has nominated a guardian or conservator who is an individual, the individual's age, occupation and relationship to the minor; and

(8) The name and post office address of any guardian or conservator currently acting, whether in this state or elsewhere.

Source: SL 1993, ch 213, § 21; SDCL 30-36-21; SL 1995, ch 167, § 181.
S.D. Codified Laws § 29A-3-908 — SD Code / Title 29A / Chapter 3 / Section 29A-3-908
Distribution--Right or title of distributee
Status: in_force

Proof that a distributee has received an instrument or deed of distribution of assets in kind, or payment in distribution, from a personal representative, is conclusive evidence that the distributee has succeeded to the interest of the decedent and the estate in the distributed assets, as against all persons interested in the estate, except that the personal representative may recover the assets or their value if the distribution was improper.

Source: SL 1994, ch 232, § 3-908.
S.D. Codified Laws § 29A-6-410 — SD Code / Title 29A / Chapter 6 / Section 29A-6-410
Revocation by instrument authorized
Status: in_force

Subject to § 29A-6-411 , an instrument is effective to revoke a recorded transfer on death deed, or any part of it, only if the instrument:

(1) Is:

(a) A transfer on death deed that revokes the deed or part of the deed expressly or by inconsistency;

(b) An instrument of revocation that expressly revokes the deed or part of the deed; or

(c) An inter vivos deed that expressly revokes the transfer on death deed or part of the deed; and

(2) Is acknowledged by the transferor after the acknowledgment of the deed being revoked and recorded before the transferor's death in the public records in the office of the register of deeds in the county where the deed is recorded.

Source: SL 2014, ch 133, § 10.
S.D. Codified Laws § 29A-2-609 — SD Code / Title 29A / Chapter 2 / Section 29A-2-609
Ademption by satisfaction
Status: in_force

(a) Property a testator gave during lifetime to a person is treated as a satisfaction of a devise in whole or in part, only if (i) the will provides for deduction of the gift, (ii) the testator declared in a writing that the gift is in satisfaction of the devise or that its value is to be deducted from the value of the devise, or (iii) the devisee acknowledged in writing that the gift is in satisfaction of the devise or that its value is to be deducted from the value of the devise.

(b) For purposes of partial satisfaction, property given during lifetime is valued as of the time the devisee came into possession or enjoyment of the property or at the testator's death, whichever occurs first.

(c) If the devisee fails to survive the testator, the gift is treated as a full or partial satisfaction of the devise, as appropriate, in applying §§ 29A-2-603 and 29A-2-604 , unless the testator's writing provides otherwise.

Source: SL 1995, ch 167, § 2-609.
S.D. Codified Laws § 29A-6-421 — SD Code / Title 29A / Chapter 6 / Section 29A-6-421
Action by creditor or personal representative against beneficiary--Time limitations
Status: in_force

Unless a settlement is made with the beneficiary, a creditor or personal representative of the deceased transferor may institute an action in any court of competent jurisdiction, within six months after the death of the transferor, against the beneficiary setting forth such claim, unless the action is for recovery of medical assistance initiated by the Department of Social Services pursuant to Title 28, in which case the action must be commenced within the shorter of two years after the death of the transferor, or within six months of written notice to the Department of Social Services with information of the transferor's death, social security number, and if available upon reasonable investigation, the transferor's deceased spouse's name and social security number.

Source: SL 2014, ch 133, § 21.
S.D. Codified Laws § 29A-5-116 — SD Code / Title 29A / Chapter 5 / Section 29A-5-116
Compensation of guardian, conservator, attorneys, and other appointed individuals
Status: in_force

Any guardian, conservator, attorney for any guardian or conservator and the attorney for the minor or person alleged to need protection, and any other individuals appointed by the court in connection with a guardianship or conservatorship proceeding, are entitled to reasonable compensation from the estate, including reimbursement for costs advanced. The court may also award reasonable compensation to any attorney whose services resulted in an order that was beneficial to the minor, the protected person, or the estate.

Source: SL 1993, ch 213, § 16; SDCL 30-36-16; SL 1995, ch 167, § 181.
S.D. Codified Laws § 29A-6-311 — SD Code / Title 29A / Chapter 6 / Section 29A-6-311
Application of part
Status: in_force

This part applies to registrations of securities in beneficiary form made before or after July 1, 1996, by decedents dying on or after July 1, 1996.

Source: SL 1995, ch 168, § 6-311.
S.D. Codified Laws § 29A-5-505 — SD Code / Title 29A / Chapter 5 / Section 29A-5-505
Termination of guardianship or conservatorship upon minor's death or majority--Adoption or emancipation of minor
Status: in_force

A guardianship or conservatorship of a minor shall terminate upon the minor's death or attainment of majority, if jurisdiction is transferred to another state, or if ordered by the court following a hearing thereon. A guardianship, but not a conservatorship, shall also terminate upon the minor's adoption or emancipation, and the court may elect to continue a guardianship until the minor's attainment of age twenty - one if the guardian was appointed pursuant to the provisions of chapters 26-7A , 26-8A , 26-8B , and 26-8C .

Source: SL 1993, ch 213, § 68; SDCL 30-36-68; SL 1995, ch 167, § 181.
S.D. Codified Laws § 29A-5-509 — SD Code / Title 29A / Chapter 5 / Section 29A-5-509
Hearing on petition to terminate, revoke, or modify--Jury--Duty of court
Status: in_force

A hearing on a petition to terminate, revoke, or modify shall be conducted in the same manner and the protected person shall have the same rights as would obtain at a hearing on a petition for the appointment of a guardian or conservator. The protected person and the guardian or conservator shall attend the hearing except for good cause shown.

The sole function of the jury, if requested, shall be to determine whether the protected person is no longer a person for whom a guardian or conservator may be appointed. All other questions of fact and the determination of the relief to be granted shall be for the court alone. The court may deny a request for a jury if a jury was empaneled on a previous petition to terminate, revoke, or modify and the court is reasonably satisfied that there has not been a substantial change of circumstances.

Source: SL 1993, ch 213, § 72; SDCL 30-36-72; SL 1995, ch 167, § 181.
S.D. Codified Laws § 29A-2-804 — SD Code / Title 29A / Chapter 2 / Section 29A-2-804
Revocation of probate and nonprobate transfers by divorce--No revocation by other changes of circumstances
Status: in_force

(a) In this section:

(1) "Disposition or appointment of property" includes a transfer of an item of property or any other benefit to a beneficiary designated in a governing instrument.

(2) "Divorce or annulment" means any divorce or annulment, or any dissolution or declaration of invalidity of a marriage, that would exclude the spouse as a surviving spouse within the meaning of § 29A-2-802 . A decree of separation that does not terminate the status of husband and wife is not a divorce for purposes of this section.

(3) "Divorced individual" includes an individual whose marriage has been annulled.

(4) "Governing instrument" means a will, trust, or other governing instrument executed by the divorced individual before the divorce or annulment of the individual's marriage to the former spouse.

(5) "Relative of the divorced individual's former spouse" means an individual who is related to the divorced individual's former spouse by blood, adoption, or affinity and who, after the divorce or annulment, is not related to the divorced individual by blood, adoption, or affinity.

(6) "Revocable," with respect to a disposition, appointment, provision, or nomination, means one under which the divorced individual, at the time of the divorce or annulment, was alone empowered, by law or under the governing instrument, to revoke or cancel the designation in favor of the former spouse or former spouse's relative, whether or not the divorced individual could then have been substituted in place of the former spouse or in place of the former spouse's relative and whether or not the divorced individual then had the capacity to exercise the power.

(b) Except as provided by the express terms of a governing instrument, a court order, or a contract relating to the division of the marital estate made between the divorced individuals before or after the marriage, divorce, or annulment, the divorce or annulment of a marriage:

(1) Revokes any revocable (i) disposition or appointment of property made by a divorced individual to a former spouse in a governing instrument and any disposition or appointment created by law or in a governing instrument to a relative of the divorced individual's former spouse, (ii) provision in a governing instrument conferring a general or nongeneral power of appointment on the divorced individual's former spouse or on a relative of the divorced individual's former spouse, and (iii) nomination in a governing instrument, nominating a divorced individual's former spouse or a relative of the divorced individual's former spouse to serve in any fiduciary or representative capacity, including a personal representative, executor, trustee, conservator, agent, or guardian; and

(2) Severs the interests of the former spouses in property held by them at the time of the divorce or annulment as joint tenants with the right of survivorship, transforming the interests of the former spouses into tenancies in common.

(c) A severance under subsection (b)(2) does not affect any third - party interest in property acquired for value and in good faith reliance on an apparent title by survivorship in the survivor of the former spouses unless a writing declaring the severance has been noted, registered, filed, or recorded in records appropriate to the kind and location of the property which are relied upon, in the ordinary course of transactions involving such property, as evidence of ownership.

(d) Provisions of a governing instrument are given effect as if the former spouse and relatives of the former spouse disclaimed all provisions revoked by this section or, in the case of a revoked nomination in a fiduciary or representative capacity, as if the former spouse and relatives of the former spouse died immediately before the divorce or annulment.

(e) Provisions revoked solely by this section are revived by the divorced individual's remarriage to the former spouse or by a nullification of the divorce or annulment.

(f) No change of circumstances other than as described in this section and in § 29A-2-803 effects a revocation.

(g)(1) A payor or other third party is not liable for having made a payment or transferred an item of property or any other benefit to a beneficiary designated in a governing instrument affected by a divorce, annulment, or remarriage, or for having taken any other action in good faith reliance on the validity of the governing instrument, before the payor or other third party has received written notice of the divorce, annulment, or remarriage. A payor or other third party is liable for a payment made or other action taken after the payor or other third party received written notice of a claimed forfeiture or revocation under this section.

(2) Written notice of the divorce, annulment, or remarriage under paragraph (1) must be mailed to the payor's or other third party's main office or home by registered or certified mail, return receipt requested, or served upon the payor or other third party in the same manner as a summons in a civil action. Upon receipt of written notice of the divorce, annulment, or remarriage, a payor or other third party may pay any amount owed or transfer or deposit any item of property held by it to or with the court having jurisdiction of the proceedings relating to the settlement of the decedent's estate or, if no proceedings have been commenced, to or with the court located in the county of the decedent's residence. The court shall hold the funds or item of property and, upon its determination under this section, shall order disbursement or transfer in accordance with the determination. Payments, transfers, or deposits made to or with the court discharge the payor or other third party from all claims for the value of amounts paid to or items of property transferred to or deposited with the court.

(h)(1) A person who purchases property from a former spouse, relative of a former spouse, or any other person for value and without notice, or who receives from a former spouse, relative of a former spouse, or any other person a payment or other item of property in partial or full satisfaction of a legally enforceable obligation, is neither obligated under this section to return the payment, item of property, or benefit nor is liable under this section for the amount of the payment or the value of the item of property or benefit. But a former spouse, relative of a former spouse, or other person who, not for value, received a payment, item of property, or any other benefit to which that person is not entitled under this section is obligated to return the payment, item of property, or benefit, or is personally liable for the amount of the payment or the value of the item of property or benefit, to the person who is entitled to it under this section.

(2) If this section or any part of this section is preempted by federal law with respect to a payment, an item of property, or any other benefit covered by this section, a former spouse, relative of the former spouse, or any other person who, not for value, received a payment, item of property, or any other benefit to which that person is not entitled under this section is obligated to return that payment, item of property, or benefit, or is personally liable for the amount of the payment or the value of the item of property or benefit, to the person who would have been entitled to it were this section or part of this section not preempted.

Source: SL 1995, ch 167, § 2-804.
S.D. Codified Laws § 29A-5-106.1 — SD Code / Title 29A / Chapter 5 / Section 29A-5-106.1
Applicability of §§29A-5-106,29A-5-106.1and chapter25-5
Status: in_force

It is the express legislative intent that §§ 29A-5-106 and 29A-5-106.1 , together with chapter 25-5 dealing with custody disputes between a parent and a person other than the parent, apply to all pending and subsequent guardianship matters involving a custody dispute between a parent and a person other than the parent.

Source: SL 2002, ch 140, § 2.
S.D. Codified Laws § 29A-3-813 — SD Code / Title 29A / Chapter 3 / Section 29A-3-813
Compromise of claims
Status: in_force

When a claim against the estate has been presented in any manner, the personal representative may, if it appears for the best interest of the estate, compromise the claim, whether due or not due, absolute or contingent, liquidated or unliquidated.

Source: SL 1994, ch 232, § 3-813.
S.D. Codified Laws § 29A-6-110 — SD Code / Title 29A / Chapter 6 / Section 29A-6-110
Payment from trust account to trustee, personal representative, heirs or beneficiary
Status: in_force

Any trust account may be paid, on request, to any trustee. Unless the financial institution has received written notice that the beneficiary has a vested interest not dependent upon his surviving the trustee, payment may be made to the personal representative or heirs of a deceased trustee if proof of death is presented to the financial institution showing that his decedent was the survivor of all other persons named on the account either as trustee or beneficiary. Payment may be made, on request, to the beneficiary upon presentation to the financial institution of proof of death showing that the beneficiary or beneficiaries survived all persons named as trustees.

Source: SL 1987, ch 208, § 10; SL 1992, ch 88, § 11; SL 1993, ch 94, § 5; SDCL 30-23-52; SL 1995, ch 167, § 172.
S.D. Codified Laws § 29A-2-508 — SD Code / Title 29A / Chapter 2 / Section 29A-2-508
Revocation by change of circumstances
Status: in_force

Except as provided in §§ 29A-2-803 and 29A-2-804 , a change of circumstances does not revoke a will or any part of it.

Source: SL 1995, ch 167, § 2-508.
S.D. Codified Laws § 29A-2-402 — SD Code / Title 29A / Chapter 2 / Section 29A-2-402
Homestead allowance
Status: in_force

(a) A decedent's surviving spouse or minor children are entitled to a homestead allowance as provided in chapter 43-31 . In addition to the homestead allowance, the decedent's surviving spouse is entitled to the property and cash described as exempt property in chapter 43-45 . If there is no surviving spouse, the decedent's children are entitled jointly to the exempt property.

(b) Exempt property and homestead allowance are in addition to any share passing to the surviving spouse or children by the decedent's will, by intestate succession, or by way of elective share. Exempt property and homestead allowance have priority over all claims against the estate.

(c) Property that is specifically devised may not be used to satisfy rights to homestead allowance or exempt property to the extent there is other property of the estate available to satisfy such rights.

(d) The personal representative may execute an instrument or deed of distribution to establish the ownership of property taken as homestead allowance or exempt property. The personal representative or any interested person aggrieved by any selection, determination, or failure to act under this section may petition the court for appropriate relief.

Source: SL 1995, ch 167, § 2-402.
S.D. Codified Laws § 29A-5-412 — SD Code / Title 29A / Chapter 5 / Section 29A-5-412
Confirmation of sale of real estate
Status: in_force

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 conservator shall provide written information of the intent to sell to all individuals and entities specified in § 29A-5-410 . 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 1993, ch 213, § 55; SDCL 30-36-55; SL 1995, ch 167, §§ 178, 181.
S.D. Codified Laws § 29A-3-911 — SD Code / Title 29A / Chapter 3 / Section 29A-3-911
Partition for purpose of distribution
Status: in_force

When two or more heirs or devisees are entitled to distribution of undivided interests in any real or personal property of the estate, the personal representative or one or more of the heirs or devisees may petition the court prior to the formal or informal closing of the estate, to make partition. After notice to the interested heirs or devisees, the court shall partition the property in the same manner as provided by the law for civil actions of partition. The court may direct the personal representative to sell any property which cannot be partitioned without prejudice to the owners and which cannot conveniently be allotted to any one party.

Source: SL 1994, ch 232, § 3-911.
S.D. Codified Laws § 29A-1-306 — SD Code / Title 29A / Chapter 1 / Section 29A-1-306
Jury trial
Status: in_force

(a) If duly demanded, a party is entitled to trial by jury in a formal testacy proceeding and any proceeding in which any controverted question of fact arises as to which any party has a constitutional right to trial by jury.

(b) If there is no right to trial by jury under subsection (a) or the right is waived, the court in its discretion may call a jury to decide any issue of fact, in which case the verdict is advisory only.

Source: SL 1995, ch 167, § 1-306.
S.D. Codified Laws § 29A-5-419 — SD Code / Title 29A / Chapter 5 / Section 29A-5-419
Court's authority to limit powers--Authorization sought by guardian or conservator
Status: in_force

Nothing in this chapter prohibits the court from limiting the powers which may otherwise be exercised by a guardian or conservator without prior court authorization, from authorizing transactions which might otherwise be prohibited, nor from granting additional powers to a guardian or conservator. Nothing in this chapter prohibits a guardian or conservator from seeking court authorization, instructions, or ratification for any actions, proposed actions, or omissions to act.

Source: SL 1993, ch 213, § 62; SDCL 30-36-62; SL 1995, ch 167, § 181.
S.D. Codified Laws § 29A-5A-401 — SD Code / Title 29A / Chapter 5A / Section 29A-5A-401
Registration of guardianship orders
Status: in_force

If a guardian has been appointed in another state and a petition for the appointment of a guardian is not pending in this state, the guardian appointed in the other state, after giving notice to the appointing court of an intent to register, may register the guardianship order in this state by filing as a foreign judgment in a court, in any appropriate county of this state, certified copies of the order and letters of office.

Source: SL 2011, ch 135, § 401.
S.D. Codified Laws § 29A-3-1001 — SD Code / Title 29A / Chapter 3 / Section 29A-3-1001
Formal proceedings terminating administration--Testate or intestate--Order of general protection
Status: in_force

(a) The administration of an estate being administered in supervised proceedings may be concluded by an order of complete settlement, and the administration of an estate being administered in unsupervised proceedings may be concluded by an order of complete settlement if the court grants a petition therefor. The personal representative may petition for an order of complete settlement after four months from the appointment of the original personal representative, and any other interested person may petition after one year from the appointment of the original personal representative. The petition of the personal representative shall be granted as a matter of course, but other petitions shall be granted only if there is good cause.

(b) The petition shall request the court to approve the account or to compel and approve an accounting, to determine the decedent's testacy status and heirs, if not previously determined by the court or if one or more heirs or devisees were admitted as parties in, or were not given notice of, a previous formal testacy proceeding, and to adjudicate the final settlement and distribution of the estate.

(c) After notice to all interested persons and hearing, and the filing of proof that a copy of the accounting was mailed to the heirs and devisees 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, the court may enter the appropriate orders, terminate the personal representative's appointment, and discharge the personal representative from further claims or demands.

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

(e) An order of complete settlement shall be conclusive as to the matters determined on all persons given notice, subject only to being reversed, set aside or modified on appeal.

Source: SL 1994, ch 232, § 3-1001; SL 1995, ch 167, § 133.
S.D. Codified Laws § 29A-5-110 — SD Code / Title 29A / Chapter 5 / Section 29A-5-110
Appointment of individual or entity--Qualifications
Status: in_force

Any adult individual may be appointed as a guardian, a conservator, or both, if capable of providing an active and suitable program of guardianship or conservatorship for the minor or protected person, and if not employed by any public or private agency, entity, or facility that is providing substantial services or financial assistance to the minor or protected person. The court may waive the prohibition on appointing an individual as guardian or conservator because of the individual's employment if the court finds the appointment is in the best interest of the minor or protected person.

Any public agency or nonprofit corporation may be appointed as a guardian, a conservator, or both, if it is capable of providing an active and suitable program of guardianship or conservatorship for the minor or protected person, and if it is not providing substantial services or financial assistance to the minor or protected person.

Any bank or trust company authorized to exercise trust powers or to engage in trust business in this state may be appointed as a conservator if it is capable of providing a suitable program of conservatorship for the minor or protected person.

The Department of Human Services may be appointed as a guardian, a conservator, or both, for individuals under its care or to whom it is providing services or financial assistance, but such appointment may only be made if there is no individual, nonprofit corporation, bank or trust company, or other public agency that is qualified and willing to serve.

No individual or entity, other than a bank or trust company, whose only interest is that of a creditor, is eligible for appointment as either a guardian or conservator.

No individual who has been convicted of a felony is eligible for appointment as a guardian or conservator unless the court finds appointment of the person convicted of a felony to be in the best interests of the person for whom the guardianship or conservatorship is sought. As part of the best interest determination, the court shall consider the nature of the offense, the date of offense, and the evidence of the proposed guardian's or proposed conservator's rehabilitation.

A person, except for a financial institution or its officers, directors, employees, or agents, or a trust company, who has been nominated for appointment as a guardian or conservator, shall obtain an Interstate Identification Index criminal history record check and a record check of South Dakota state court civil judgments for abuse, neglect, or exploitation of an elder or adult with a disability. The nominee shall file the results of these record checks with the court at least ten days prior to the appointment hearing date, unless waived or modified by the court for good cause shown by affidavit filed simultaneously with the petition for appointment.

The judge may not sign an order appointing a guardian or conservator until the record check results have been filed with the court and reviewed by the judge, and a certificate of completion of the training curricula required under § 29A-5-119 has been issued by the State Bar of South Dakota for the person being appointed and filed with the court. The record check results, or the lack thereof, shall be certified by affidavit. The court may not require a record check or a certificate of completion of training required under § 29A-5-119 upon the application of a petitioner for a temporary guardianship or temporary conservatorship. The court may waive the record check or the certificate of completion of training required under § 29A-5-119 for good cause shown.

Source: SL 1993, ch 213, § 10; SDCL § 30-36-10; SL 1995, ch 167, § 181; SL 2016, ch 120, § 39; SL 2017, ch 230 (Ex. Ord. 17-1 ), § 31, eff. Apr. 13, 2017; SL 2021, ch 121, § 1.
S.D. Codified Laws § 29A-2-209 — SD Code / Title 29A / Chapter 2 / Section 29A-2-209
Sources from which elective shares payable
Status: in_force

(a) In a proceeding for an elective share, the following are applied first to satisfy the elective - share amount and to reduce or eliminate any contributions due from the decedent's probate estate and recipients of the decedent's nonprobate transfers to others:

(1) Amounts included in the augmented estate under § 29A-2-204 which pass or have passed to the surviving spouse by testate or intestate succession and amounts included in the augmented estate under § 29A-2-206 ;

(2) Amounts included in the augmented estate which would have passed to the spouse but were disclaimed; and

(3) Amounts included in the augmented estate under § 29A-2-207 up to the applicable percentage thereof. For the purposes of this subsection, the "applicable percentage" is twice the elective - share percentage set forth in the schedule in § 29A-2-202(a) appropriate to the length of time the spouse and the decedent were married to each other.

(b) If, after the application of subsection (a), the elective - share amount is not fully satisfied or the surviving spouse is entitled to a supplemental elective - share amount, amounts included in the decedent's probate estate and in the decedent's nonprobate transfers to others, other than amounts included under § 29A-2-205(3)(i) or (iii), are applied first to satisfy the unsatisfied balance of the elective - share amount or the supplemental elective - share amount. The decedent's probate estate and that portion of the decedent's nonprobate transfers to others are applied so that liability for the unsatisfied balance of the elective - share amount or for the supplemental elective - share amount is equitably apportioned among the recipients of the decedent's probate estate and of that portion of the decedent's nonprobate transfers to others in proportion to the value of their interests therein.

(c) If, after the application of subsections (a) and (b), the elective - share or supplemental elective - share amount is not fully satisfied, the remaining portion of the decedent's nonprobate transfers to others is applied so that liability for the unsatisfied balance of the elective - share or supplemental elective - share amount is equitably apportioned among the recipients of the remaining portion of the decedent's nonprobate transfers to others in proportion to the value of their interests therein.

Source: SL 1995, ch 167, § 2-209.
S.D. Codified Laws § 29A-3-701 — SD Code / Title 29A / Chapter 3 / Section 29A-3-701
Time of accrual of duties and powers
Status: in_force

The duties and powers of a personal representative commence upon appointment. The powers of a personal representative relate back in time to give acts by the person appointed which are beneficial to the estate occurring prior to appointment the same effect as those occurring thereafter. Prior to appointment, a person named personal representative in a will may carry out written instructions of the decedent relating to the decedent's body, funeral and burial arrangements. A personal representative may ratify and accept acts on behalf of the estate done by others where the acts would have been proper for a personal representative.

Source: SL 1994, ch 232, § 3-701.
S.D. Codified Laws § 29A-3-808 — SD Code / Title 29A / Chapter 3 / Section 29A-3-808
Individual liability of personal representative
Status: in_force

(a) Unless otherwise provided in the contract, a personal representative is not individually liable on a contract properly entered into in a fiduciary capacity in the course of administration of the estate unless the personal representative fails to reveal the representative capacity or identify the estate in the contract.

(b) A personal representative is individually liable for obligations arising from ownership or control of the estate or for torts committed in the course of administration of the estate only if personally negligent.

(c) Claims based on contracts entered into by a personal representative in a fiduciary capacity, on obligations arising from ownership or control of the estate or on torts committed in the course of estate administration may be asserted against the estate by proceeding against the personal representative in the representative's fiduciary capacity, whether or not the personal representative is individually liable therefor.

(d) Issues of liability as between the estate and the personal representative individually may be determined in a proceeding for accounting, surcharge, or indemnification or other appropriate proceeding.

Source: SL 1994, ch 232, § 3-808.
S.D. Codified Laws § 29A-3-721 — SD Code / Title 29A / Chapter 3 / Section 29A-3-721
Proceedings for review of employment of agents and compensation of personal representatives and employees of estate
Status: in_force

After notice to all interested persons, on petition of an interested person or on appropriate motion if administration is supervised, the court may review the propriety of employment of any person by a personal representative including any attorney, accountant, investment advisor, or other specialized agent or assistant, the reasonableness of the compensation of any person so employed, or the reasonableness of the compensation of the personal representative. Any person who has received excessive compensation from an estate for services rendered may be ordered to make appropriate refunds.

Source: SL 1994, ch 232, § 3-721.
S.D. Codified Laws § 29A-2-507 — SD Code / Title 29A / Chapter 2 / Section 29A-2-507
Revocation by writing or by act
Status: in_force

(a) A will or any part thereof is revoked:

(1) By executing a subsequent will that revokes the previous will or part expressly or by inconsistency; or

(2) By performing a revocatory act on the will, if the testator performed the act with the intent and for the purpose of revoking the will or part or if another individual performed the act in the testator's conscious presence and by the testator's direction. For purposes of this paragraph, "revocatory act on the will" includes burning, tearing, canceling, obliterating, or destroying the will or any part of it, whether or not the revocatory act touched any of the words on the will.

(b) If a subsequent will does not expressly revoke a previous will, the execution of the subsequent will wholly revokes the previous will by inconsistency if the testator intended the subsequent will to replace rather than supplement the previous will.

(c) The testator is presumed to have intended a subsequent will to replace rather than supplement a previous will if the subsequent will makes a complete disposition of the testator's estate. If this presumption arises and is not rebutted by clear and convincing evidence, the previous will is revoked; only the subsequent will is operative on the testator's death.

(d) The testator is presumed to have intended a subsequent will to supplement rather than replace a previous will if the subsequent will does not make a complete disposition of the testator's estate. If this presumption arises and is not rebutted by clear and convincing evidence, the subsequent will revokes the previous will only to the extent the subsequent will is inconsistent with the previous will; each will is fully operative on the testator's death to the extent they are not inconsistent.

Source: SL 1995, ch 167, § 2-507.
S.D. Codified Laws § 29A-3-806 — SD Code / Title 29A / Chapter 3 / Section 29A-3-806
Allowance of claims
Status: in_force

(a) As to claims presented to the personal representative or filed with the clerk of court within the time limit prescribed in § 29A-3-803 , the personal representative may mail a notice to any claimant stating that the claim has been allowed or disallowed. Every claim which is disallowed in whole or in part by the personal representative is barred so far as not allowed unless the claimant files a petition for allowance in the court or commences a proceeding against the personal representative not later than sixty days after the mailing of the notice of disallowance or partial allowance if the notice warns the claimant of the impending bar. Failure of the personal representative to mail notice to a claimant of action on a claim for sixty days after the time for original presentation of the claim has expired has the effect of a notice of allowance.

(b) The personal representative may at any time prior to payment change the allowance to a disallowance in whole or in part, but not after allowance by court order or judgment or an order directing payment of the claim. The personal representative shall notify the claimant of the change to disallowance, and the disallowed claim is then subject to bar as provided in subsection (a). The personal representative may change a disallowance to an allowance, in whole or in part, until the claim is barred under subsection (a); after it is barred, it may be allowed and paid only if the estate is solvent and all successors whose interests would be affected consent.

(c) Upon the petition of the personal representative or of a claimant, the court may allow in whole or in part any claim or claims presented to the personal representative or filed with the clerk of court in due time and not barred by subsection (a) of this section. Notice of the proceeding shall be given to the claimant, the personal representative, and to such other interested persons as the court may direct.

(d) A judgment in a proceeding in any court against a personal representative to enforce a claim against a decedent's estate is an allowance of the claim.

(e) Unless otherwise provided in a judgment entered against the personal representative in any court, interest is payable on all allowed claims at the category B rate of interest specified in § 54-3-16 commencing sixty days after the time for original presentation of the claim has expired unless the claim is based on a contract providing for payment of interest, in which case the contract provisions shall control.

Source: SL 1994, ch 232, § 3-806; SL 1995, ch 167, § 127.
S.D. Codified Laws § 29A-3-604 — SD Code / Title 29A / Chapter 3 / Section 29A-3-604
Bond amount--Security--Reduction--Procedure
Status: in_force

(a) If bond is required and the provisions of the will or order of appointment do not specify the amount, unless stated in the application or petition, the person qualifying as personal representative shall file a statement under oath with the clerk indicating the person's best estimate of the value of the personal estate of the decedent and of the income expected from the personal and real estate during the next year, and shall execute and file a bond with the clerk, or give other suitable security, in an amount not less than the estimate. The clerk shall determine that the bond is duly executed by a corporate surety, or one or more individual sureties whose performance is secured by pledge of personal property, mortgage on real property, or other adequate security.

(b) The clerk may permit the amount of the bond to be reduced by the value of assets of the estate deposited with a financial institution, as defined in § 29A-6-101 , that is located in this state and in a manner that prevents their unauthorized disposition.

(c) On petition of the personal representative or another interested person, the court may require bond, increase or reduce the amount of the bond, release sureties, or permit the substitution of another bond with the same or different sureties.

Source: SL 1994, ch 232, § 3-604; SL 1995, ch 167, § 118; SL 2025, ch 90, § 4.
S.D. Codified Laws § 29A-3-914 — SD Code / Title 29A / Chapter 3 / Section 29A-3-914
Disposition of unclaimed assets
Status: in_force

If an heir, devisee, or claimant cannot be found, the personal representative shall distribute the share of the missing person to the person's conservator, if any, otherwise the court shall enter an order directing that the share vest in the State of South Dakota for the support of the common schools. The order of court shall contain a provision stating that an action asserting a claim or right to the share may be instituted in the court within ten years after the entry of the order in the manner provided in chapter 21-36 . The order of court shall have the same force and effect as a judgment of escheat in an action instituted under chapter 21-36 , and shall become final and conclusive at the expiration of the period prescribed by chapter 21-36 .

Source: SL 1994, ch 232, § 3-914.
S.D. Codified Laws § 29A-6-101 — SD Code / Title 29A / Chapter 6 / Section 29A-6-101
Definition of terms
Status: in_force

Terms used in §§ 29A-6-101 to 29A-6-114 , inclusive, mean:

(1) "Account," any contract of deposit of funds between a depositor and a financial institution, and includes any checking account, savings account, certificate of deposit, share account, and other like arrangement;

(2) "Beneficiary," any person named in a trust account as one for whom a party to the account is named as trustee;

(3) "Financial institution," any organization authorized to do business under state or federal laws relating to financial institutions, including banks and trust companies, savings banks, building and loan associations, savings and loan companies or associations, credit unions, and any organization described in § 501(c)(3) of the Internal Revenue Code;

(4) "Joint account," any account payable on request to one or more of two or more parties whether or not mention is made of any right of survivorship;

(5) "Multiple - party account," any joint account, a P.O.D. account or any trust account. The term does not include accounts established for deposit of funds of a partnership, limited liability company, joint venture, or other association for business purposes, or accounts controlled by one or more persons as the duly authorized agent or trustee for a corporation, unincorporated association, charitable or civic organization, or a regular fiduciary or trust account if the relationship is established other than by deposit agreement;

(6) "Net contribution of a party to a joint account," is, as of any given time, the sum of all deposits thereto made by or for the party, less all withdrawals made by or for the party which have not been paid to or applied to the use of any other party, plus a pro rata share of any interest or dividends included in the current balance. The term includes any proceeds of deposit life insurance added to the account by reason of the death of the party whose net contribution is in question;

(7) "Party," any person who, by the terms of the account, has a present right, subject to request, to payment from a multiple - party account. A P.O.D. payee or beneficiary of a trust account is a party only after the account becomes payable to the party by reason of the party's surviving the original payee or trustee. Unless the context otherwise requires, it includes a guardian, conservator, personal representative, or assignee, including an attaching creditor, of a party. It also includes any person identified as a trustee of an account for another whether or not a beneficiary is named, but it does not include any named beneficiary unless he has a present right of withdrawal. It also includes any minor even though the account may have been started by an adult, and even though the minor's signature may have been executed or subscribed by an adult, and not the named minor;

(8) "Payment," payment of sums on deposit includes withdrawal, payment on check or other directive of a party, and any pledge of sums on deposit by a party and any setoff, or reduction or other disposition of all or part of an account pursuant to a pledge;

(9) "P.O.D. account," an account payable on request to one person during that person's lifetime and on that person's death to one or more P.O.D. payees, or to one or more persons during their lifetimes and on the death of all of them to one or more P.O.D. payees;

(10) "P.O.D. payee," a person designated on a P.O.D. account as one to whom the account is payable on request after the death of one or more persons;

(11) "Proof of death," a death certificate or record or report which is prima facie proof of death under § 29A-1-107 ;

(12) "Request," a proper request for withdrawal, or a check or order for payment, which complies with all conditions of the account, including special requirements concerning necessary signatures and regulations of the financial institution; but if the financial institution conditions withdrawal or payment on advance notice, for purposes of this part the request for withdrawal or payment is treated as immediately effective and a notice of intent to withdraw is treated as a request for withdrawal;

(13) "Sums on deposit," any balance payable on a multiple - party account including interest, dividends, and in addition any deposit life insurance proceeds added to the account by reason of the death of a party;

(14) "Trust account," any account in the name of one or more parties as trustee for one or more beneficiaries where the relationship is established by the form of the account and the deposit agreement with the financial institution and there is no subject of the trust other than the sums on deposit in the account; it is not essential that payment to the beneficiary be mentioned in the deposit agreement. A trust account does not include a regular trust account under a testamentary trust or a trust agreement which has significance apart from the account, or a fiduciary account arising from a fiduciary relation such as attorney - client;

(15) "Withdrawal," payment to a third person pursuant to check or other directive of a party.

Source: SL 1987, ch 208, § 1; SL 1991, ch 215, § 1; SL 1991, ch 230, § 1A; SL 1994, ch 351, § 49; SDCL 30-23-43 ; SL 1995, ch 167, §§ 170, 172; SL 1997, ch 174, § 1.
S.D. Codified Laws § 29A-5-308 — SD Code / Title 29A / Chapter 5 / Section 29A-5-308
Notice of hearing for protected person
Status: in_force

Upon the filing of the petition and evaluation report, the court shall promptly issue a notice fixing the date, hour, and location for a hearing to take place within sixty days.

The person alleged to need protection shall be personally served with the notice, a copy of the petition, and the evaluation report not less than fourteen days before the hearing. The person alleged to need protection may not waive notice, and a failure to properly notify the person alleged to need protection shall be jurisdictional.

A copy of the notice, together with a copy of the petition, shall be mailed by the petitioner at least fourteen days before the hearing to all entities and individuals age ten or older whose names and post office addresses appear in the petition.

The notice shall include a brief statement of the nature, purpose, and legal effect of the appointment of a guardian or conservator, and shall inform the person alleged to need protection of the right to appear at the hearing and to object to the proposed appointment.

If the basis of the petition is that the person alleged to need protection is an absentee, at least fourteen days before the hearing the petitioner shall mail a copy of the notice and petition to the alleged absentee at his or her last known post office address. The petitioner shall also publish a copy of the notice at least once a week for three consecutive weeks in a legal newspaper in the county in which the proceeding is pending, the last publication to occur at least ten days before the hearing.

Source: SL 1993, ch 213, § 36; SDCL 30-36-36; SL 1995, ch 167, § 181.