S.D. Codified Laws § 29A-2-702 — SD Code / Title 29A / Chapter 2 / Section 29A-2-702
Requirement of survival by 120 hours
Status: in_force

(a) For the purposes of this code, an individual who does not survive an event, including the death of another individual, by 120 hours is deemed to have predeceased the event.

(b) For purposes of a provision of a governing instrument that relates to an individual surviving an event, including the death of another individual, an individual who does not survive the event by 120 hours is deemed to have predeceased the event.

(c) If (i) it is not established that one of two co - owners with right of survivorship survived the other co - owner by 120 hours, one - half of the property passes as if one had survived by 120 hours and one - half as if the other had survived by 120 hours and (ii) there are more than two co - owners and at least one of them did not survive the others by 120 hours, the property passes in the proportion that one bears to the whole number of co - owners. For the purposes of this subsection, "co - owners with right of survivorship" includes joint tenants and other co - owners of property or accounts held under circumstances that entitles one or more to the whole of the property or account on the death of the other or others.

(d) Survival by 120 hours is not required if:

(1) The governing instrument contains language dealing explicitly with simultaneous deaths or deaths in a common disaster;

(2) The governing instrument expressly indicates that an individual is not required to survive an event, including the death of another individual, by any specified period or expressly requires the individual to survive the event by a specified period; or

(3) The application of this section to multiple governing instruments would result in an unintended failure or duplication of a disposition.

(e)(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 who, under this section, is not entitled to the payment or item of property, or for having taken any other action in good faith reliance on the beneficiary's apparent entitlement under the terms of the governing instrument, before the payor or other third party has received written notice of a claimed lack of entitlement 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 lack of entitlement under this section.

(2) Written notice of a claimed lack of entitlement 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 lack of entitlement 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.

(f)(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, § 2-702.
S.D. Codified Laws § 29A-5-201 — SD Code / Title 29A / Chapter 5 / Section 29A-5-201
Appointment of guardian or conservator of minor
Status: in_force

A guardian or conservator of a minor may be appointed upon petition, the filing of a statement of financial resources, and after notice and hearing as provided in this section and §§ 29A-5-202 to 29A-5-210 , inclusive. Upon an appointment, the guardianship or conservatorship status continues until terminated, without regard to the location of the guardian, the conservator, or the minor.

Source: SL 1993, ch 213, § 19; SDCL 30-36-19 ; SL 1995, ch 167, § 181.
S.D. Codified Laws § 29A-5-303 — SD Code / Title 29A / Chapter 5 / Section 29A-5-303
Persons for whom conservator may be appointed
Status: in_force

A conservator may be appointed for an individual whose ability to respond to people, events and environments is impaired to such an extent that the individual lacks the capacity to manage property or financial affairs or to provide for his support or the support of legal dependents without the assistance or protection of a conservator. A conservator may be appointed for an absentee whose estate or financial affairs require the attention, supervision and care of a conservator. A conservator for a minor may be appointed under this part if the minor meets the requirements of this section without regard to age and the minor's need for conservatorship will likely continue into his adult years.

Source: SL 1993, ch 213, § 31; SDCL 30-36-31; SL 1995, ch 167, § 181.
S.D. Codified Laws § 29A-2-601 — SD Code / Title 29A / Chapter 2 / Section 29A-2-601
Scope
Status: in_force

In the absence of a finding of a contrary intention, the rules of construction in this part control the construction of a will.

Source: SL 1995, ch 167, § 2-601.
S.D. Codified Laws § 29A-2-603 — SD Code / Title 29A / Chapter 2 / Section 29A-2-603
Anti-lapse--Deceased devisee--Class gifts
Status: in_force

(a) If an individual named as a devisee in a will dies before the will was executed, or dies after the will was executed and before the testator, the devise fails unless (i) the devisee is a grandparent, a descendant of a grandparent, a stepchild, or a descendant of the stepchild of the testator and (ii) the devisee left descendants who survive the testator. Those descendants take by representation the property to which the devisee would have been entitled had the devisee survived the testator.

(b) If a devise is made in the form of a class gift and a devisee (member of the class) dies before the will was executed, or dies after the will was executed and before the testator, the share of the devisee fails, passes to the surviving members of the class, or passes to the surviving descendants of any deceased members of the class, as the case may be, unless (i) the devisee is a grandparent, a descendant of a grandparent, a stepchild, or a descendant of a stepchild of the testator and (ii) the devisee left descendants who survive the testator. Those descendants take by representation the property to which the devisee would have been entitled had the devisee survived the testator.

(c) For purposes of this section:

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

(2) "Devise" excludes a future interest in trust, the disposition of which is controlled by § 29A-2-707 , and "devisee" excludes a beneficiary thereof.

Source: SL 1995, ch 167, § 2-603.
S.D. Codified Laws § 29A-5A-104 — SD Code / Title 29A / Chapter 5A / Section 29A-5A-104
Communication between courts
Status: in_force

(a) A court of this state may communicate with a court in another state concerning a proceeding arising under this chapter. The court may allow the parties to participate in the communication. Except as otherwise provided in subsection (b), the court shall make a record of the communication. The record may be limited to the fact that the communication occurred.

(b) Courts may communicate concerning schedules, calendars, court records, and other administrative matters without making a record.

Source: SL 2011, ch 135, § 104.
S.D. Codified Laws § 29A-3-409 — SD Code / Title 29A / Chapter 3 / Section 29A-3-409
Formal testacy proceedings--Order--Foreign will
Status: in_force

After the time required for any notice has expired, upon proof of notice, and after any hearing that may be necessary, if the court finds that the testator is dead, venue is proper and that the proceeding was commenced within the limitation prescribed by § 29A-3-108 , it shall determine the decedent's domicile at death, the decedent's heirs, and the decedent's testacy status. Any will found to be valid and unrevoked shall be formally probated. Termination of any previous informal appointment of a personal representative, which may be appropriate in view of the relief requested and findings, is governed by § 29A-3-612 . The petition shall be dismissed or appropriate amendment allowed if the court is not satisfied that the alleged decedent is dead. A will from a foreign jurisdiction which does not provide for probate of a will after death, may be proved for probate in this state by a duly authenticated certificate of its legal custodian that the copy introduced is a true copy and that the will has become effective under the law of that jurisdiction.

Source: SL 1994, ch 232, § 3-409.
S.D. Codified Laws § 29A-5-427 — SD Code / Title 29A / Chapter 5 / Section 29A-5-427
Interested party--Access to medical and financial records
Status: in_force

The court must grant an interested person access to some or all of a protected person's medical or financial records if, on the motion of the interested person, the court finds access is in the best interest of the protected person. If the court does not grant access, the court must issue written findings of fact and conclusions of law as to why the medical or financial records access was not granted.

Source: SL 2023, ch 95, § 5.
S.D. Codified Laws § 29A-3-609 — SD Code / Title 29A / Chapter 3 / Section 29A-3-609
Termination of appointment--Death or disability
Status: in_force

The death of a personal representative or the appointment of a conservator for a personal representative who has been adjudicated a protected person, terminates the personal representative's appointment. Unless a co - representative remains in office, termination by death or appointment of a conservator imposes upon the personal representative of the deceased personal representative, or the conservator appointed for a living personal representative, the duty to protect the estate possessed and being administered at the time of termination, and confers the power to perform acts necessary to protect the estate and to account for, and deliver the assets to, a successor personal representative or special administrator upon appointment and qualification.

Source: SL 1994, ch 232, § 3-609.
S.D. Codified Laws § 29A-5-202 — SD Code / Title 29A / Chapter 5 / Section 29A-5-202
Nomination of guardian or conservator by minor or parent
Status: in_force

A minor, age fourteen or older, may nominate any individual or entity to act as his guardian or conservator. The nomination may be made in writing or by an oral request to the court. The court may appoint the individual or entity so nominated if the nominee is otherwise eligible to act and would serve in the minor's best interests. However, no nomination by a minor may supersede a previous appointment by the court.

A parent of an unmarried minor may nominate a guardian or conservator of the minor by will or other signed writing. Absent an effective nomination by the minor, the court may appoint a parental nominee if both parents are dead and the nominee is otherwise eligible to act and would serve in the minor's best interests. In the event that both parents have made nominations, the court shall select the nominee which it believes best qualified. A parental nomination shall be effective whether or not the minor was living at the time of the making of the will or other signed writing. However, no parental nomination may supersede a previous appointment by the court.

Absent an effective nomination by a minor, age fourteen or older, or deceased parent, the court shall appoint as guardian or conservator the individual or entity that will act in the minor'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 minor, ability to carry out the powers and duties of the office, commitment to promoting the minor's welfare, any potential conflicts of interest, the recommendations of the parents or other interested relatives, and the wishes of the minor if the minor is of sufficient age to form an intelligent preference. 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, § 20; SDCL 30-36-20; SL 1995, ch 167, § 181.
S.D. Codified Laws § 29A-3-1201 — SD Code / Title 29A / Chapter 3 / Section 29A-3-1201
Collection of personal property by affidavit
Status: in_force

(a) Thirty days after the death of a decedent, any person indebted to the decedent or having possession of tangible personal property or an instrument evidencing a debt, obligation, stock, or chose in action belonging to the decedent shall make payment of the indebtedness or deliver the tangible personal property or an instrument evidencing a debt, obligation, stock, or chose in action to a person claiming to be the successor of the decedent upon being presented an affidavit made by or on behalf of the successor stating that:

(1) The value of the entire estate, wherever located, less liens and encumbrances, does not exceed $100,000;

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

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

(4) 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

(5) The claiming successor is entitled to payment or delivery of the property.

(b) A transfer agent of any security shall change the registered ownership on the books of a corporation from the decedent to the successor or successors upon the presentation of an affidavit as provided in subsection (a).

Source: SL 1994, ch 232, § 3-1201; SL 1995, ch 167, § 136; SL 1997, ch 172, § 1; SL 2002, ch 100, § 26; SL 2003, ch 157, § 1; SL 2022, ch 88, § 1.
S.D. Codified Laws § 29A-3-306 — SD Code / Title 29A / Chapter 3 / Section 29A-3-306
Informal probate--Notice requirements
Status: in_force

(a) The applicant shall give notice as described by § 29A-1-401 of the application for informal probate to any person demanding it pursuant to § 29A-3-204 , and to any personal representative of the decedent whose appointment has not been terminated. No other notice of informal probate is required.

(b) Upon issuance of a statement of informal probate and if no personal representative required to give the written information required by § 29A-3-705 has been appointed, the applicant shall within fourteen days give written information to the heirs and devisees of the admission of the will to probate, together with a copy of the will. The information shall include the name and address of the applicant, the name and location of the court granting the informal probate, and the date of the probate. The information shall be delivered or sent by ordinary mail to each of the heirs and devisees whose address is reasonably available to the applicant. An applicant's failure to give information as required by this section is a breach of duty to the heirs and devisees but does not affect the validity of the probate.

Source: SL 1994, ch 232, § 3-306.
S.D. Codified Laws § 29A-6-420 — SD Code / Title 29A / Chapter 6 / Section 29A-6-420
Liability for debts and obligations of deceased transferor
Status: in_force

Upon the death of the transferor, the beneficiary is liable for the debts and obligations of the deceased transferor under the conditions set forth in §§ 29A-6-421 to 29A-6-424 , inclusive.

Source: SL 2014, ch 133, § 20.
S.D. Codified Laws § 29A-2-607 — SD Code / Title 29A / Chapter 2 / Section 29A-2-607
Nonexoneration
Status: in_force

A specific devise passes subject to any mortgage interest existing at the date of death, without right of exoneration, regardless of a general directive in the will to pay debts.

Source: SL 1995, ch 167, § 2-607.
S.D. Codified Laws § 29A-2-802 — SD Code / Title 29A / Chapter 2 / Section 29A-2-802
Effect of divorce, annulment, and decree of separation
Status: in_force

An individual who is divorced from the decedent or whose marriage to the decedent has been annulled is not a surviving spouse unless, by virtue of a subsequent marriage, the individual is married to the decedent at the time of death. A decree of separation that does not terminate the status of husband and wife is not a divorce for purposes of this section.

Source: SL 1995, ch 167, § 2-802.
S.D. Codified Laws § 29A-5-504 — SD Code / Title 29A / Chapter 5 / Section 29A-5-504
Petition to remove guardian or conservator--Reasons for removal
Status: in_force

Upon petition by any interested person or on the court's own motion, the court may remove a guardian or conservator or order other appropriate relief if the guardian or conservator:

(1) Is acting under letters secured by material misrepresentation or mistake, whether fraudulent or innocent;

(2) Has an incapacity or illness, including substance abuse, which affects fitness for office, or is adjudged to be a protected person in this or in any other jurisdiction;

(3) Is convicted of a crime which reflects on fitness for office;

(4) Wastes or mismanages the estate, unreasonably withholds distributions or makes distributions in a negligent or profligate manner, or otherwise abuses powers or fails to discharge duties;

(5) Neglects the care and custody of the minor, the protected person or legal dependents;

(6) Has an interest adverse to the faithful performance of duties such that there is a substantial risk that the guardian or conservator will fail to properly perform those duties;

(7) Fails to file reports or accountings when required, or fails to comply with any order of court;

(8) Acts in a manner that threatens the personal or financial security of a co - guardian or co - conservator or endangers the surety on the bond;

(9) Fails to file sufficient bond after being ordered by the court to do so;

(10) Avoids service of process or notice;

(11) Becomes incapable of or unsuitable for the discharge of duties;

(12) Is not acting in the best interests of the minor or protected person or of the estate even though without fault; or

(13) Fails to complete or timely complete the training curricula required pursuant to § 29A-5-119 .

Source: SL 1993, ch 213, § 67; SDCL 30-36-67; SL 1995, ch 167, § 181; SL 2021, ch 121, § 6.
S.D. Codified Laws § 29A-5A-209 — SD Code / Title 29A / Chapter 5A / Section 29A-5A-209
Proceedings in more than one state
Status: in_force

Except for a petition for the appointment of a guardian in an emergency or issuance of a protective order limited to property located in this state under subsection 29A-5A-204(a)(1) or 29A-5A-204(a)(2), if a petition for the appointment of a guardian or issuance of a protective order is filed in this state and in another state and neither petition has been dismissed or withdrawn, the following rules apply:

(1) If the court in this state has jurisdiction under § 29A-5A-203 , it may proceed with the case unless a court in another state acquires jurisdiction under provisions similar to § 29A-5A-203 before the appointment or issuance of the order.

(2) If the court in this state does not have jurisdiction under § 29A-5A-203 , whether at the time the petition is filed or at any time before the appointment or issuance of the order, the court shall stay the proceeding and communicate with the court in the other state. If the court in the other state has jurisdiction, the court in this state shall dismiss the petition unless the court in the other state determines that the court in this state is a more appropriate forum.

Source: SL 2011, ch 135, § 209.
S.D. Codified Laws § 29A-3-915 — SD Code / Title 29A / Chapter 3 / Section 29A-3-915
Distribution to person under disability
Status: in_force

(a) A personal representative may discharge an obligation to distribute the share of a person for whom a conservator has been appointed only by distributing to the conservator. If the personal representative is aware that a proceeding for appointment of a conservator is pending, the personal representative shall delay distribution until the proceeding is decided.

(b) A personal representative may discharge an obligation to distribute the share of a minor not under conservatorship by distributing the share as provided in the decedent's will or in the absence of directions in the will, by distributing the share to:

(1) The minor if married or otherwise emancipated;

(2) A guardian of the minor;

(3) A custodian of the minor as authorized by a uniform gifts or transfers to minors act of any applicable jurisdiction;

(4) A financial institution (as defined in § 29A-6-101 ) incident to a deposit in an insured savings account or certificate in the sole name of the minor with notice of the deposit to the minor;

(5) Any person responsible for or who has assumed responsibility for the minor's care or custody, provided that the value of the share to be distributed does not exceed $10,000.

(c) A personal representative may discharge an obligation to distribute the share of an adult person not under conservatorship but who the representative in good faith believes lacks capacity to manage his or her property or financial affairs by distributing the share as provided in the decedent's will or, in the absence of directions in the will, by distributing the share to:

(1) An agent under a durable power of attorney who has authority to receive and collect property for the adult person;

(2) A guardian of the adult person;

(3) Any person responsible for or who has assumed responsibility for the adult person's care or custody, provided that the value of the share to be distributed does not exceed $10,000.

(d) The personal representative is not responsible for the proper application of money or property distributed pursuant to this section.

Source: SL 1994, ch 232, § 3-915.
S.D. Codified Laws § 29A-3-906 — SD Code / Title 29A / Chapter 3 / Section 29A-3-906
Distribution in kind--Valuation--Method
Status: in_force

(a) Unless a contrary intention is indicated by the will, the distributable assets of a decedent's estate shall be distributed in kind to the extent possible through application of the following provisions:

(1) A specific devisee is entitled to distribution of the thing devised, and a spouse or child who has selected particular assets of an estate as provided in § 29A-2-402 shall receive the items selected.

(2) Any homestead or family allowance or devise of a stated sum of money may be satisfied in kind provided:

(i) The person entitled to the payment has not demanded payment in cash;

(ii) The property distributed in kind is valued at fair market value as of the date of its distribution; and

(iii) No residuary devisee has requested that the asset in question remain a part of the residue of the estate.

(3) The residuary estate shall be distributed in any equitable manner.

(4) For purposes of facilitating distribution, the personal representative may ascertain the value of the assets as of the time of the proposed distribution in any reasonable manner, including the employment of qualified appraisers, even if the assets may have been previously appraised.

(b) After the probable charges against the estate are known, the personal representative may mail or deliver a proposal for distribution to all persons who have a right to object to the proposed distribution. The right of any distributee to object to the proposed distribution on the basis of the kind or value of asset to be received, if not waived earlier in writing, terminates if the distributee fails to object in writing within fourteen days after the mailing or delivery of the proposal but only if the proposal informed the distributee of the right to object and of the applicable time limit.

Source: SL 1994, ch 232, § 3-906.
S.D. Codified Laws § 29A-6-114 — SD Code / Title 29A / Chapter 6 / Section 29A-6-114
Payment of P.O.D
Status: in_force

Any P.O.D. account may be paid, on request, to any original party to the account. Payment may be made, on request, to the P.O.D. payee or to the personal representative or heirs of a deceased P.O.D. payee upon presentation to the financial institution of proof of death showing that the P.O.D. payee survived all persons named as original payees. Payment may be made to the personal representative or heirs of a deceased original payee 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 an original payee or other persons named on the account either as an original payee or as P.O.D. payee.

Source: SL 1991, ch 230, § 2; SL 1992, ch 88, § 12; SL 1993, ch 94, § 6; SDCL 30-23-56; SL 1995, ch 167, § 172.
S.D. Codified Laws § 29A-2-705 — SD Code / Title 29A / Chapter 2 / Section 29A-2-705
Class gifts construed to accord with intestate succession
Status: in_force

Adopted individuals and individuals born out of wedlock, and their respective descendants if appropriate to the class, are included in class gifts and other terms of relationship in accordance with the rules for intestate succession. Terms of relationship that do not differentiate relationships by blood from those by affinity, such as "uncles," "aunts," "nieces," or "nephews," are construed to exclude relatives by affinity. Terms of relationship that do not differentiate relationships by the half blood from those by the whole blood, such as "brothers," "sisters," "nieces," or "nephews," are construed to include both types of relationships.

Source: SL 1995, ch 167, § 2-705.
S.D. Codified Laws § 29A-5-428 — SD Code / Title 29A / Chapter 5 / Section 29A-5-428
Protected person--Alleged abuse, neglect, or self-dealing by the guardian or conservator
Status: in_force

If the court receives any verbal or written communication from a protected person alleging that a guardian or conservator is abusing or neglecting the protected person or is engaging in self-dealing with respect to the protected person's property, or the guardianship or conservatorship is no longer necessary and should be terminated, and the communication contains credible and substantial evidence, which in context of the entire record, supports the allegation, the court must treat the communication as a petition under § 29A-5-504 .

Source: SL 2023, ch 95, § 6.
S.D. Codified Laws § 29A-3-407 — SD Code / Title 29A / Chapter 3 / Section 29A-3-407
Formal testacy proceedings--Burdens in contested cases
Status: in_force

In contested cases, petitioners who seek to establish intestacy have the burden of establishing prima facie proof of death, venue, and heirship. Proponents of a will have the burden of establishing prima facie proof of due execution in all cases, and, if they are also petitioners, prima facie proof of death and venue. Contestants of a will have the burden of establishing lack of testamentary intent or capacity, undue influence, fraud, duress, mistake, or revocation. Parties have the ultimate burden of persuasion as to matters with respect to which they have the initial burden of proof. If a will is opposed by the petition for probate of a later will revoking the former, it shall be determined first whether the later will is entitled to probate. If a will is opposed by a petition for a declaration of intestacy, it shall be determined first whether the will is entitled to probate.

Source: SL 1994, ch 232, § 3-407.
S.D. Codified Laws § 29A-5-407 — SD Code / Title 29A / Chapter 5 / Section 29A-5-407
Inventory of minor's or protected person's real and personal estate
Status: in_force

Within ninety days following an appointment, a conservator shall file with the court an inventory of the real and personal estate of the minor or protected person which has come into the conservator's possession or knowledge. The inventory shall, with reasonable detail, list each item of the estate, its approximate fair market value and the type and amount of encumbrance to which it is subject. If any real or personal estate comes into the possession or knowledge of the conservator which was not included in the inventory, the conservator may list such property in the next accounting required to be filed with the court.

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

Source: SL 1993, ch 213, § 50; SL 1994, ch 233, § 4; SDCL 30-36-50; SL 1995, ch 167, § 181.
S.D. Codified Laws § 29A-5A-202 — SD Code / Title 29A / Chapter 5A / Section 29A-5A-202
Exclusive basis
Status: in_force

Sections 29A-5A-201 to 29A-5A-209 , inclusive, provide the exclusive jurisdictional basis for a court of this state to appoint a guardian or issue a protective order for an adult.

Source: SL 2011, ch 135, § 202.
S.D. Codified Laws § 29A-5-421 — SD Code / Title 29A / Chapter 5 / Section 29A-5-421
Restriction of protected person's interaction with family prohibited--Exceptions
Status: in_force

Except as described in § 29A-5-422 , a guardian or conservator may not restrict a protected person's right of communication, visitation, or interaction with other persons, including the right to receive visitors, telephone calls, or personal mail, unless the restriction is authorized by a court order. For purposes of §§ 29A-5-421 to 29A-5-426 , inclusive, other persons only includes the parents, children, and siblings of the protected person.

Source: SL 2016, ch 150, § 1.
S.D. Codified Laws § 29A-3-702 — SD Code / Title 29A / Chapter 3 / Section 29A-3-702
Priority among different letters
Status: in_force

A person to whom letters are issued first has exclusive authority under the letters until the appointment is terminated or modified. If, through error, letters are afterwards issued to another, the first appointed representative may recover any property of the estate in the hands of the representative subsequently appointed, but the acts of the latter done in good faith before notice of the first letters are not void for want of validity of appointment.

Source: SL 1994, ch 232, § 3-702.
S.D. Codified Laws § 29A-6-425 — SD Code / Title 29A / Chapter 6 / Section 29A-6-425
Purchaser for value or lender acquiring security interest in property takes property free of claims
Status: in_force

A purchaser for value of property or a lender who acquires a security interest in the property from a beneficiary of a transfer on death deed after the death of the owner, in good faith, takes the property free of any claims of or liability to the owner's estate, creditors of the owner's estate, persons claiming rights as beneficiaries under the deed or heirs of the owner's estate, in absence of actual knowledge that the transfer was improper or that the information in an affidavit of confirmation, if any, provided pursuant to § 29A-6-432 , is not true; and, a purchaser or lender for value has no duty to verify sworn information relating to the deed.

Source: SL 2014, ch 133, § 25.
S.D. Codified Laws § 29A-3-1202 — SD Code / Title 29A / Chapter 3 / Section 29A-3-1202
Effect of affidavit
Status: in_force

(a) The person paying, delivering, transferring, or issuing personal property or the evidence thereof pursuant to affidavit is discharged and released as if the person had dealt with a personal representative of the decedent, and is not required to see to the application of the personal property or evidence thereof or to inquire into the truth of any statement in the affidavit.

(b) If any person to whom an affidavit is delivered refuses to pay, deliver, transfer, or issue any personal property or evidence thereof, it may be recovered in a proceeding by or on behalf of the persons entitled to receive it upon proof of the facts required to be stated in the affidavit.

(c) Any person to whom payment, delivery, transfer or issuance is made is liable and accountable therefor to any personal representative of the estate or to any other person having a superior right.

(d) Any affiant receiving payment or delivery of personal property under this section shall be responsible for seeing that the property is applied to liens and encumbrances, homestead allowance, exempt property, family allowance, funeral expenses, expenses of administration and creditor claims, as required by law, and that any remaining property is distributed to heirs and devisees entitled thereto.

(e) An affiant submits personally to the jurisdiction of the courts of this state in any proceeding relating to the affidavit that may be instituted by any interested person.

Source: SL 1994, ch 232, § 3-1202; SL 1995, ch 167, § 137.
S.D. Codified Laws § 29A-6-423 — SD Code / Title 29A / Chapter 6 / Section 29A-6-423
Limitation of beneficiary liability
Status: in_force

The beneficiary is liable to the creditors or personal representatives of the deceased transferor for the lawful debts and obligations of the deceased transferor only in an amount equal to the value of the property contributed by the deceased transferor determined as of the time of transferor's death, but subject to all homestead and legal exemptions in the deceased transferor's property.

Source: SL 2014, ch 133, § 23.
S.D. Codified Laws § 29A-2-512 — SD Code / Title 29A / Chapter 2 / Section 29A-2-512
Events of independent significance
Status: in_force

A will may dispose of property by reference to acts and events that have significance apart from their effect upon the dispositions made by the will, whether they occur before or after the execution of the will or before or after the testator's death. The execution or revocation of another individual's will is such an event.

Source: SL 1995, ch 167, § 2-512.
S.D. Codified Laws § 29A-3-611 — SD Code / Title 29A / Chapter 3 / Section 29A-3-611
Termination of appointment by removal--Cause; procedure
Status: in_force

(a) Any interested person may petition for removal of a personal representative for cause at any time. Upon filing of the petition, the court shall fix a time and place for hearing. Notice shall be given by the petitioner to the personal representative, and to other persons as the court may order. Except as otherwise ordered as provided in § 29A-3-607 , after receipt of notice of removal proceedings, the personal representative shall not act except to account, to correct maladministration, or to preserve the estate. If removal is ordered, the court shall direct by order the disposition of the assets remaining in the name of, or under the control of, the personal representative being removed.

(b) Cause for removal exists when:

(1) Removal is in the best interests of the estate;

(2) The personal representative or the person requesting the representative's appointment intentionally misrepresented material facts in the proceedings leading to appointment; or

(3) The personal representative has disregarded an order of court, has become incapable of discharging the duties of office, has mismanaged the estate, or has failed to perform any duty pertaining to the office.

(c) Unless the decedent's will directs otherwise, a personal representative appointed at the decedent's domicile who is requesting appointment either personally or of a nominee as personal representative, may obtain removal of another who was appointed personal representative in this state to administer local assets.

Source: SL 1994, ch 232, § 3-611.
S.D. Codified Laws § 29A-5-405 — SD Code / Title 29A / Chapter 5 / Section 29A-5-405
Responsibilities of conservator of protected person
Status: in_force

A conservator of a protected person, without the necessity of having to seek prior court authorization, shall apply the income and principal of the estate as needed for the protected person's support, care, health, and if applicable, habilitation or therapeutic needs. A conservator also shall apply the income and principal as needed for the support of any legal dependents who are unable to support themselves and who are in need of support.

A conservator, when making distributions, shall exercise authority only to the extent necessitated by the protected person's limitations, and shall, if feasible, encourage the protected person to participate in decisions, to act on his own behalf, and to develop or regain the capacity to manage the estate and his financial affairs. A conservator shall also consider the size of the estate, the probable duration of the conservatorship, the protected person's accustomed manner of living, other resources known to the conservator to be available, and the recommendations of the guardian.

A conservator shall, to the extent known, consider the express desires and personal values of the protected person when making decisions, and shall otherwise act in the protected person's best interests and exercise reasonable care, diligence, and prudence.

Source: SL 1993, ch 213, § 48; SDCL 30-36-48; SL 1995, ch 167, § 181.
S.D. Codified Laws § 29A-2-708 — SD Code / Title 29A / Chapter 2 / Section 29A-2-708
Class gifts to "descendants," "issue," or "heirs of the body"--Form of distribution if none specified
Status: in_force

If a class gift in favor of "descendants," "issue," or "heirs of the body" does not specify the manner in which the property is to be distributed among the class members, the property is distributed among the class members who are living when the interest is to take effect in possession or enjoyment, in such shares as they would receive, under the applicable law of intestate succession, if the designated ancestor had then died intestate owning the subject matter of the class gift.

Source: SL 1995, ch 167, § 2-708.
S.D. Codified Laws § 29A-5A-302 — SD Code / Title 29A / Chapter 5A / Section 29A-5A-302
Accepting guardianship or conservatorship transferred from another state
Status: in_force

(a) To confirm transfer of a guardianship or conservatorship transferred to this state under provisions similar to § 29A-5A-301 , the guardian or conservator must petition the court in this state to accept the guardianship or conservatorship. The petition must include a certified copy of the other state's provisional order of transfer.

(b) Notice of a petition under subsection (a) must be given to those persons that would be entitled to notice if the petition were a petition for the appointment of a guardian or issuance of a protective order in both the transferring state and this state. The notice must be given in the same manner as notice is required to be given in this state.

(c) On the court's own motion or on request of the guardian or conservator, the protected person, or other person required to be notified of the proceeding, the court shall hold a hearing on a petition filed pursuant to subsection (a).

(d) The court shall issue an order provisionally granting a petition filed under subsection (a) unless:

(1) An objection is made and the objector establishes that transfer of the proceeding would be contrary to the interests of the protected person; or

(2) The guardian or conservator is ineligible for appointment in this state.

(e) The court shall issue a final order accepting the proceeding and appointing the guardian or conservator as guardian or conservator in this state upon its receipt from the court from which the proceeding is being transferred of a final order issued under provisions similar to § 29A-5A-301 transferring the proceeding to this state.

(f) Not later than ninety days after issuance of a final order accepting transfer of a guardianship or conservatorship, the court shall determine whether the guardianship or conservatorship needs to be modified to conform to the law of this state.

(g) In granting a petition under this section, the court shall recognize a guardianship or conservatorship order from the other state, including the determination of the protected person's incapacity and the appointment of the guardian or conservator.

(h) The denial by a court of this state of a petition to accept a guardianship or conservatorship transferred from another state does not affect the ability of the guardian or conservator to seek appointment as guardian or conservator in this state under chapter 29A-5 if the court has jurisdiction to make an appointment other than by reason of the provisional order of transfer.

Source: SL 2011, ch 135, § 302.
S.D. Codified Laws § 29A-8-101 — SD Code / Title 29A / Chapter 8 / Section 29A-8-101
Time of taking effect--Provisions for transition
Status: in_force

(a) This code takes effect on July 1, 1995.

(b) Except as provided elsewhere in this code:

(1) This code applies to decedents dying on or after July 1, 1995, to their estates, and to the identification and rights of their successors;

(2) This code applies to governing instruments executed by decedents dying on or after July 1, 1995, no matter when executed. Any rule of construction or presumption provided in this code applies to governing instruments executed before July 1, 1995, unless there is a clear indication of a contrary intent;

(3) This code applies to any proceedings in court commenced on or after July 1, 1995, regardless of the date of the decedent's death. Notwithstanding the repeal of Titles 29 and 30, the provisions of prior law continue to apply to any proceedings pending on July 1, 1995, except to the extent that the court, following petition therefor, orders that the procedures prescribed by this code be made applicable;

(4) An act done before July 1, 1995, in any proceeding and any right accrued before July 1, 1995, is not impaired by this code. If a right is acquired, extinguished or barred upon the expiration of a prescribed period of time which has commenced to run by the provisions of any statute before July 1, 1995, those provisions shall remain in force with respect to such right.

Source: SL 1995, ch 167, § 8-101.
S.D. Codified Laws § 29A-5-402 — SD Code / Title 29A / Chapter 5 / Section 29A-5-402
Responsibility of guardian of protected person
Status: in_force

A guardian of a protected person shall make decisions regarding the protected person's support, care, health, habilitation, therapeutic treatment, and, if not inconsistent with an order of commitment or custody, shall determine the protected person's residence. A guardian shall maintain sufficient contact with the protected person to know of the protected person's capabilities, limitations, needs, and opportunities.

A guardian shall exercise authority only to the extent necessitated by the protected person's limitations, and if feasible, shall encourage the protected person to participate in decisions, to act on his own behalf, and to develop or regain the capacity to manage personal affairs. A guardian shall, to the extent known, consider the express desires and personal values of the protected person when making decisions, and shall otherwise act in the protected person's best interests and exercise reasonable care, diligence, and prudence.

Source: SL 1993, ch 213, § 45; SDCL 30-36-45; SL 1995, ch 167, § 181.
S.D. Codified Laws § 29A-5-104 — SD Code / Title 29A / Chapter 5 / Section 29A-5-104
Application of circuit court rules of procedure
Status: in_force

Chapter 15-6 , known as "Rules of Procedure in Circuit Court," apply to all proceedings under this chapter, except as otherwise provided.

Source: SL 1993, ch 213, § 4; SDCL 30-36-4; SL 1995, ch 167, § 181.
S.D. Codified Laws § 29A-3-705 — SD Code / Title 29A / Chapter 3 / Section 29A-3-705
Duty of personal representative--Information to heirs and devisees
Status: in_force

(a) Not later than fourteen days after appointment, every personal representative, except any special administrator, shall give information of the appointment to the heirs and devisees, including, if there has been no formal testacy proceeding and if the personal representative was appointed on the assumption that the decedent died intestate, the devisees in any unprobated will mentioned in the application for appointment of a personal representative.

(b) The information shall be delivered or sent by ordinary mail to each of the heirs and devisees whose address is reasonably available to the personal representative. The duty does not extend to require information to persons who have been adjudicated in a prior formal testacy proceeding to have no interest in the estate. The information shall include the name and address of the personal representative, indicate that it is being sent to persons who have or may have some interest in the estate being administered, indicate whether bond has been filed, describe the court where papers relating to the estate are on file, and shall be accompanied by a copy of the will admitted to probate, if any. The information shall state that the estate is being administered by the personal representative under the South Dakota Probate Code without supervision by the court but that recipients are entitled to information regarding the administration from the personal representative, to file a demand for notice under § 29A-3-204 , and to petition the court in any matter relating to the estate, including distribution of assets and expenses of administration.

(c) Not later than fourteen days after appointment, every personal representative, other than a special administrator, shall also give written information of the appointment to the State Department of Social Services in Pierre, South Dakota, except that such information need not include a copy of the will. The information shall include the decedent's social security number and, if available upon reasonable investigation, the decedent's deceased spouse's name and social security number. The written information required in this section may not be filed with the court and the social security numbers of the decedent and the decedent's deceased spouse are not available to the public, but the personal representative shall certify to the court that the information required in this section has been provided to the department.

(d) The personal representative's failure to give the information is a breach of duty to the persons concerned but does not affect the validity of the appointment, the personal representative's powers or other duties. A personal representative may inform other persons of the appointment.

Source: SL 1994, ch 232, § 3-705; SL 1995, ch 167, § 122; SL 1997, ch 173, § 1; SL 2006, ch 153, § 2.
S.D. Codified Laws § 29A-6-408 — SD Code / Title 29A / Chapter 6 / Section 29A-6-408
Requirements
Status: in_force

A transfer on death deed must:

(1) Except as otherwise provided in subdivision (2), contain the essential elements and formalities of a properly recordable inter vivos deed as required by the standards of title;

(2) State that the transfer to the designated beneficiary is to occur at the transferor's death; and

(3) Be recorded before the transferor's death in the public records in the office of the register of deeds in the county where the property is located.

Source: SL 2014, ch 133, § 8.
S.D. Codified Laws § 29A-3-910 — SD Code / Title 29A / Chapter 3 / Section 29A-3-910
Purchasers from distributees protected
Status: in_force

If property distributed in kind or a security interest therein is acquired for value by a purchaser from or lender to a distributee who has received an instrument or deed of distribution from the personal representative, or is so acquired by a purchaser from or lender to a transferee from such distributee, the purchaser or lender takes title free of rights of any interested person in the estate and incurs no personal liability to the estate, or to any interested person, whether or not the distribution was proper or supported by court order or the authority of the personal representative was terminated before execution of the instrument or deed. This section protects a purchaser from or lender to any distributee or subsequent transferee, including a distributee who, as personal representative, executed a deed of distribution in the distributee's own favor. To be protected under this provision, a purchaser or lender need not inquire whether a personal representative acted properly in making the distribution in kind, even if the personal representative and the distributee are the same person, or whether the authority of the personal representative had terminated before the distribution. Any recorded instrument described in this section on which a state documentary fee is noted is prima facie evidence that such transfer was made for value.

Source: SL 1994, ch 232, § 3-910.
S.D. Codified Laws § 29A-3-812 — SD Code / Title 29A / Chapter 3 / Section 29A-3-812
Execution and levies prohibited
Status: in_force

No execution may issue upon nor may any levy be made against any property of the estate under any judgment against a decedent or a personal representative, but this section shall not be construed to prevent the enforcement of mortgages, pledges, or liens upon real or personal property in an appropriate proceeding.

Source: SL 1994, ch 232, § 3-812.
S.D. Codified Laws § 29A-1-106 — SD Code / Title 29A / Chapter 1 / Section 29A-1-106
Effect of fraud and evasion
Status: in_force

If fraud has been perpetrated in connection with any proceeding or in any statement filed under this code or if fraud is used to avoid or circumvent the provisions or purposes of this code, any person injured thereby may obtain appropriate relief against the perpetrator of the fraud or restitution from any person (other than a bona fide purchaser) benefitting from the fraud, whether innocent or not. Any proceeding must be commenced within two years after the discovery of the fraud, but no proceeding may be brought against one not a perpetrator of the fraud later than five years after the time of commission of the fraud. This section does not limit remedies relating to fraud perpetrated on a decedent during the decedent's lifetime which affect the succession of the decedent's estate.

Source: SL 1995, ch 167, § 1-106.
S.D. Codified Laws § 29A-5-417 — SD Code / Title 29A / Chapter 5 / Section 29A-5-417
Presumption of authority of guardian or conservator
Status: in_force

Any individual or entity that in good faith deals with a guardian or conservator as to any matter or transaction is entitled to presume that the guardian or conservator is properly authorized to act. The fact that an individual or entity deals with a guardian or conservator with knowledge of the representative capacity does not alone require an inquiry into the guardian's or conservator's authority, except that any such individual or entity shall be charged with knowledge of restrictions that may appear on the letters of guardianship or conservatorship. No individual or entity may be required to see to the proper application of any funds or property paid or delivered to a conservator.

Source: SL 1993, ch 213, § 60; SDCL 30-36-60; SL 1995, ch 167, § 181.
S.D. Codified Laws § 29A-6-306 — SD Code / Title 29A / Chapter 6 / Section 29A-6-306
Effect of registration in beneficiary form
Status: in_force

The designation of a TOD beneficiary on a registration in beneficiary form has no effect on ownership until the owner's death. A registration of a security in beneficiary form may be canceled or changed at any time by the sole owner or all then surviving owners without the consent of the beneficiary.

Source: SL 1995, ch 168, § 6-306.
S.D. Codified Laws § 29A-5-314 — SD Code / Title 29A / Chapter 5 / Section 29A-5-314
Issuing letter of guardianship or conservatorship
Status: in_force

Upon the filing of an acceptance of office and any required bond, letters of guardianship, conservatorship, or both, shall issue. Letters issued to a limited guardian shall list the specific areas of protection or assistance granted to said guardian and letters issued to a limited conservator shall list the specific areas of management and assistance granted to said conservator.

Source: SL 1993, ch 213, § 42; SDCL 30-36-42; SL 1995, ch 167, § 181.
S.D. Codified Laws § 29A-3-802 — SD Code / Title 29A / Chapter 3 / Section 29A-3-802
Statutes of limitations
Status: in_force

(a) Unless an estate is insolvent, or would thereby be rendered insolvent, the personal representative, with the consent of all successors whose interests would be affected, may waive any defense of limitations available to the estate. If the defense is not waived, no claim barred by a statute of limitations at the time of the decedent's death may be allowed or paid.

(b) The running of a statute of limitations measured from an event other than death or the giving of notice to creditors is suspended for two years after the decedent's death, but resumes thereafter as to claims not otherwise barred.

(c) For purposes of a statute of limitations, the presentation of a claim pursuant to § 29A-3-804 is equivalent to commencement of a proceeding on the claim.

Source: SL 1994, ch 232, § 3-802.
S.D. Codified Laws § 29A-3-905 — SD Code / Title 29A / Chapter 3 / Section 29A-3-905
Penalty clause for contest
Status: in_force

A provision in a will purporting to penalize any interested person for contesting the will or instituting other proceedings relating to the estate is unenforceable if probable cause exists for instituting proceedings.

Source: SL 1994, ch 232, § 3-905.
S.D. Codified Laws § 29A-3-104 — SD Code / Title 29A / Chapter 3 / Section 29A-3-104
Claims against decedent--Necessity of administration
Status: in_force

No proceeding to enforce a claim against the estate of a decedent or the decedent's successors may be revived or commenced before the appointment of a personal representative. After the appointment and until distribution, all proceedings and actions to enforce a claim against the estate are governed by the procedure prescribed by this article. After distribution a creditor whose claim has not been barred may recover from the distributees as provided in § 29A-3-1004 or from a former personal representative individually liable as provided in § 29A-3-1005 . This section has no application to a proceeding by a secured creditor of the decedent to enforce a right to the security except as to any deficiency judgment which might be sought therein.

Source: SL 1994, ch 232, § 3-104.
S.D. Codified Laws § 29A-5-101 — SD Code / Title 29A / Chapter 5 / Section 29A-5-101
Citation of chapter
Status: in_force

This chapter shall be known and may be cited as the South Dakota Guardianship and Conservatorship Act.

Source: SL 1993, ch 213, § 1; SDCL 30-36-1 ; SL 1995, ch 167, § 181.
S.D. Codified Laws § 29A-1-401 — SD Code / Title 29A / Chapter 1 / Section 29A-1-401
Notice--Method and time of giving
Status: in_force

(a) If notice of a hearing on any petition is required and except for specific notice requirements as otherwise provided, the petitioner shall cause notice of the time and place of hearing of any petition, together with a copy of the petition, to be given to any interested person or the person's attorney if the person has appeared by attorney or requested that notice be sent to an attorney. Notice shall be given:

(1) By mailing a copy of the notice of hearing and of the petition at least fourteen days before the time set for the hearing by certified, registered, or ordinary first class mail addressed to the person being notified at the post office address given in the person's demand for notice, if any, or at the person's place of residence, if known;

(2) By delivering a copy of the notice of hearing and of the petition to the person being notified personally at least fourteen days before the time set for the hearing; or

(3) If the address or identity of any person is not known and cannot be ascertained with reasonable diligence, by publishing at least once a week for three consecutive weeks, a copy of the notice of hearing in a legal newspaper in the county where the hearing is to be held, the last publication of which is to be at least fourteen days before the time set for the hearing; or

(4) If any person entitled to notice is a resident of a foreign country, by mailing a copy of the notice of hearing and a copy of the petition to the legation of the foreign country at Washington, D.C. at least fourteen days prior to the date fixed for hearing.

(b) The court for good cause shown may provide for a different method or time of giving notice for any hearing.

(c) Proof of the giving of notice shall be made on or before the hearing and filed in the proceeding.

Source: SL 1995, ch 167, § 1-401; SL 1997, ch 171, § 1; SL 2000, ch 135, § 1; SL 2004, ch 188, § 1.
S.D. Codified Laws § 29A-2-602 — SD Code / Title 29A / Chapter 2 / Section 29A-2-602
Will may pass all property and after-acquired property
Status: in_force

A will may provide for the passage of all property the testator owns at death and all property acquired by the estate after the testator's death.

Source: SL 1995, ch 167, § 2-602.
S.D. Codified Laws § 29A-3-807 — SD Code / Title 29A / Chapter 3 / Section 29A-3-807
Payment of claims
Status: in_force

(a) Upon the expiration of the earlier of the time limitations provided in § 29A-3-803 for the presentation of claims, the personal representative shall proceed to pay the claims allowed against the estate in the order of priority prescribed, after making provision for homestead, family and support allowances, for claims already presented that have not yet been allowed or whose allowance has been appealed, and for unbarred claims that may yet be presented, including costs and expenses of administration. By petition to the court in a proceeding for the purpose, or by appropriate motion if the administration is supervised, a claimant whose claim has been allowed but not paid may secure an order directing the personal representative to pay the claim to the extent funds of the estate are available to pay it.

(b) The personal representative at any time may pay any valid claim that has not been barred, with or without formal presentation, but is personally liable to any other claimant whose claim is allowed and who is injured by its payment if:

(1) Payment was made before the expiration of the time limit stated in subsection (a) and the personal representative failed to require the payee to give adequate security for the refund of any of the payment necessary to pay other claimants; or

(2) Payment was made, due to negligence or willful fault of the personal representative, in such manner as to deprive the injured claimant of priority.

Source: SL 1994, ch 232, § 3-807; SL 1995, ch 167, § 128.
S.D. Codified Laws § 29A-6-305 — SD Code / Title 29A / Chapter 6 / Section 29A-6-305
Form of registration in beneficiary form
Status: in_force

Registration in beneficiary form may be shown by the words "transfer on death" or the abbreviation "TOD," or by the words "pay on death" or the abbreviation "POD," after the name of the registered owner and before the name of a beneficiary.

Source: SL 1995, ch 168, § 6-305.
S.D. Codified Laws § 29A-2-711 — SD Code / Title 29A / Chapter 2 / Section 29A-2-711
Interest in "heirs" and like
Status: in_force

If an applicable statute or a governing instrument calls for a present or future distribution to or creates a present or future interest in a designated individual's "heirs," "heirs at law," "next of kin," "relatives," or "family," or language of similar import, the property passes to those persons, including the state, and in such shares as would succeed to the designated individual's intestate estate under the intestate succession law of the designated individual's domicile if the designated individual died when the disposition is to take effect in possession or enjoyment. If the designated individual's surviving spouse is living but is remarried at the time the disposition is to take effect in possession or enjoyment, the surviving spouse is not an heir of the designated individual.

Source: SL 1995, ch 167, § 2-711.
S.D. Codified Laws § 29A-6-417 — SD Code / Title 29A / Chapter 6 / Section 29A-6-417
Effect of transfer on death deed when transferor is joint owner
Status: in_force

If a transferor is a joint owner and is:

(1) Survived by one or more other joint owners, then the property that is the subject of a deed belongs to the surviving joint owner or owners with right of survivorship; or

(2) The last surviving joint owner, then the transfer on death deed is effective.

Source: SL 2014, ch 133, § 17.
S.D. Codified Laws § 29A-1-303 — SD Code / Title 29A / Chapter 1 / Section 29A-1-303
Venue
Status: in_force

If a proceeding under this code could be maintained in more than one county in this state, the court of the county in which the proceeding is first commenced has the exclusive right to proceed unless that court determines that venue is properly in another court.

Source: SL 1995, ch 167, § 1-303.
S.D. Codified Laws § 29A-5A-501 — SD Code / Title 29A / Chapter 5A / Section 29A-5A-501
Uniformity of application and construction
Status: in_force

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

Source: SL 2011, ch 135, § 501.
S.D. Codified Laws § 29A-1-102 — SD Code / Title 29A / Chapter 1 / Section 29A-1-102
Purposes--Rule of construction
Status: in_force

The South Dakota Uniform Probate Code shall be liberally construed and applied to promote simplification, clarification, and efficiency in the law of decedent's estates, guardianship and conservatorship, and multiple-party accounts and other nonprobate transfers.

Source: SL 1995, ch 167, § 1-102; SL 1998, ch 282, § 44; SL 2017, ch 208, § 37.
S.D. Codified Laws § 29A-3-616 — SD Code / Title 29A / Chapter 3 / Section 29A-3-616
Special administrator--Appointed informally--Powers and duties
Status: in_force

A special administrator appointed by the clerk in informal proceedings pursuant to § 29A-3-614(1) has the duty to collect and manage the assets of the estate, to preserve them, to account therefor, and to deliver them to the general personal representative upon qualification. The special administrator appointed in informal proceedings has the powers of a general personal representative under the code as are necessary to perform the special administrator's duties.

Source: SL 1999, ch 145, § 2.
S.D. Codified Laws § 29A-5-426 — SD Code / Title 29A / Chapter 5 / Section 29A-5-426
Proceedings for violation of court order or abuse of discretion by guardian or conservator--Removal
Status: in_force

If any person, including the protected person, reasonably believes that a guardian or conservator has violated a court order or abused the guardian's or conservator's discretion in applying § 29A-5-422 , the person may move the court to:

(1) Require the guardian or conservator to grant a person access to the protected person;

(2) Restrict, or further restrict, a person's access to the protected person;

(3) Modify the guardian or conservator's duties; or

(4) Remove the guardian or conservator pursuant to this chapter.

A guardian or conservator who knowingly isolates a protected person and has violated §§ 29A-5-421 to 29A-5-426 , inclusive, or an order issued pursuant to §§ 29A-5-421 to 29A-5-426 , inclusive, is subject to removal pursuant to this chapter.

A person appointed to a guardian or conservator prior to July 1, 2021, who fails to complete or timely complete the training curricula required pursuant to § 29A-5-119 is subject to removal pursuant to this chapter.

Source: SL 2016, ch 150, § 6; SL 2021, ch 121, § 5.
S.D. Codified Laws § 29A-3-804 — SD Code / Title 29A / Chapter 3 / Section 29A-3-804
Manner of presentation of claims
Status: in_force

(a) Claims against a decedent's estate may be presented by either of the following methods:

(1) The claimant may deliver or mail to the personal representative a written statement of the claim indicating its basis, the name and address of the claimant, and the amount claimed, or may file a written statement of the claim, in the form prescribed by rule, with the clerk of the court and mail or deliver a copy thereof to the personal representative. The claim is deemed presented on the first to occur of receipt of the written statement of claim by the personal representative, or the filing of the claim with the clerk of court. If a claim is not yet due, the date when it will become due shall be stated. If the claim is contingent or unliquidated, the nature of the uncertainty shall be stated. If the claim is secured, the nature of the security shall be described. Failure to describe correctly the nature of the security or uncertainty, or the due date of a claim not yet due does not invalidate the presentation;

(2) The claimant may commence a proceeding against the personal representative in any court where the personal representative may be subject to jurisdiction, to obtain payment of the claim. The claim is deemed presented on the date the proceeding is commenced.

(b) No presentation of claim is required in regard to matters claimed in proceedings against the decedent which were pending at the time of death in any court.

(c) No proceeding to obtain payment of a claim presented under subsection (a)(1) may be commenced more than sixty days after the personal representative has mailed or delivered a notice of disallowance; but, in the case of a claim which is not presently due or which is contingent or unliquidated, the personal representative may consent to an extension of the sixty - day period, or to avoid injustice the court, on petition, may order an extension of the sixty - day period, but in no event may an extension be granted beyond the applicable statute of limitations.

Source: SL 1994, ch 232, § 3-804; SL 1995, ch 167, § 126.
S.D. Codified Laws § 29A-3-704 — SD Code / Title 29A / Chapter 3 / Section 29A-3-704
Personal representative to proceed without court order--Exception
Status: in_force

A personal representative shall proceed expeditiously with the settlement and distribution of a decedent's estate and, except as otherwise specified or ordered in regard to a supervised personal representative, shall do so without adjudication, order, or direction of the court, but the personal representative may invoke the jurisdiction of the court, in proceedings authorized by this code, to resolve questions concerning the estate on its administration.

Source: SL 1994, ch 232, § 3-704.
S.D. Codified Laws § 29A-3-601 — SD Code / Title 29A / Chapter 3 / Section 29A-3-601
Qualification
Status: in_force

Prior to receiving letters, a personal representative shall qualify by filing with the appointing court an acceptance of office and any required bond.

Source: SL 1994, ch 232, § 3-601.
S.D. Codified Laws § 29A-3-707 — SD Code / Title 29A / Chapter 3 / Section 29A-3-707
Employment of appraisers
Status: in_force

The personal representative may employ a qualified and disinterested appraiser to assist in ascertaining the fair market value as of the date of the decedent's death of any asset the value of which may not be readily ascertainable. Different persons may be employed to appraise different kinds of assets included in the estate. The names and addresses of any appraiser shall be indicated on the inventory with the item or items appraised.

Source: SL 1994, ch 232, § 3-707.
S.D. Codified Laws § 29A-5-305 — SD Code / Title 29A / Chapter 5 / Section 29A-5-305
Who may file petition--Contents of petition
Status: in_force

A petition for the appointment of a guardian, a conservator, or both, may be filed by the person alleged to need protection, by an interested relative, by the individual or facility that is responsible or has assumed responsibility for the person's care or custody, by the individual or entity that the person has nominated as guardian or conservator, or by any other interested person, including the Department of Human Services.

The petition shall state the petitioner's name, place of residence, post office address, and relationship to the person alleged to need protection, and shall, to the extent known as of the date of filing, state the following with respect to the person alleged to need protection and the relief requested:

(1) The person's name, date of birth, place of residence or location, and post office address or, if it is alleged that the person is an absentee, the person's last known residence and post office address;

(2) The names and post office addresses of the person's nearest relatives, in the following order:

(a) The spouse and children, if any; or if none

(b) The parents and brothers and sisters, if any; or if none

(c) The nearest known relatives who would be entitled to succeed to the person'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 person's care or custody;

(4) The name, place of residence or location, and post office address of any agent or agents designated under a durable power of attorney of which the person alleged to need protection is the principal, and the petitioner shall attach a copy of any such power or powers of attorney, if available;

(5) Whether the person's incapacity will prevent attendance at the hearing and the reasons therefor;

(6) If the petition alleges that the person is an absentee, a statement of the relevant circumstances, including the time and nature of the disappearance or detention and a description of any search or inquiry concerning the person's whereabouts;

(7) The type of guardianship or conservatorship requested, the reasons therefor, and the interest of the petitioner in the appointment;

(8) The name, post office address and, if the proposed guardian or conservator is an individual, the individual's age, occupation and relationship to the person alleged to need protection;

(9) The name, post office address and, if the person alleged to need protection has nominated a guardian or conservator who is an individual, the individual's age, occupation and relationship to the person alleged to need protection;

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

(11) If the appointment of a limited guardian is requested, the specific areas of protection and assistance to be included in the court's order of appointment; and

(12) If the appointment of a limited conservator is requested, the specific areas of management and assistance to be included in the court's order of appointment.

Source: SL 1993, ch 213, § 33; SDCL § 30-36-33; SL 1995, ch 167, § 181; SL 2017, ch 230 (Ex. Ord. 17-1 ), § 32, eff. Apr. 13, 2017.
S.D. Codified Laws § 29A-6-107 — SD Code / Title 29A / Chapter 6 / Section 29A-6-107
Payment to surviving party from multiple-party account--Liability for debts and expenses of administration--Procedure--Liability of financial institution
Status: in_force

No multiple - party account is effective against an estate of a deceased party to transfer to a survivor sums needed to pay debts, taxes, and expenses of administration, including statutory allowances to the surviving spouse, minor children and dependent children, if other assets of the estate are insufficient. A surviving party, P.O.D. payee or beneficiary who receives payment from a multiple - party account after the death of a deceased party shall be liable to account to his personal representative for amounts the decedent owned beneficially immediately before his death to the extent necessary to discharge the claims and charges mentioned above remaining unpaid after application of the decedent's estate. No proceeding to assert this liability may be commenced unless the personal representative has received a written demand by a surviving spouse, a creditor or one acting for a minor or dependent child of the decedent, and no proceeding shall be commenced later than two years following the death of the decedent. Sums recovered by the personal representative shall be administered as part of the decedent's estate. This section does not affect the right of a financial institution to make payment on multiple - party accounts according to the terms thereof or make it liable to the estate of a deceased party unless before payment the institution has been served with process in a proceeding by the personal representative.

Source: SL 1987, ch 208, § 7; SL 1991, ch 230, § 1E; SDCL 30-23-49; SL 1995, ch 167, § 172.
S.D. Codified Laws § 29A-2-214 — SD Code / Title 29A / Chapter 2 / Section 29A-2-214
Protection of payors and other third parties
Status: in_force

(a) Although under § 29A-2-205 a payment, item of property, or other benefit is included in the decedent's nonprobate transfers to others, a payor or other third party is not liable for having made a payment or transferred an item of property or other benefit to a beneficiary designated in a governing instrument, or for having taken any other action in good faith reliance on the validity of a governing instrument, upon request and satisfactory proof of the decedent's death, before the payor or other third party has received written notice from the surviving spouse or spouse's representative of an intention to file a petition for the elective share or that a petition for the elective share has been filed. A payor or other third party is liable for payments made or other actions taken after the payor or other third party received written notice of an intention to file a petition for the elective share or that a petition for the elective share has been filed.

(b) A written notice of intention to file a petition for the elective share or that a petition for the elective share has been filed 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 intention to file a petition for the elective share or that a petition for the elective share has been filed, 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 § 29A-2-211(d), shall order disbursement in accordance with the determination. If no petition is filed in the court within the specified time under § 29A-2-211(a) or, if filed, the demand for an elective share is withdrawn under § 29A-2-211(c), the court shall order disbursement to the designated beneficiary. Payments or transfers to the court or deposits made into court discharge the payor or other third party from all claims for amounts so paid or the value of property so transferred or deposited.

(c) Upon petition to the court by the beneficiary designated in a governing instrument, the court may order that all or part of the property be paid to the beneficiary in an amount and subject to conditions consistent with this part.

Source: SL 1995, ch 167, § 2-214.
S.D. Codified Laws § 29A-3-1005 — SD Code / Title 29A / Chapter 3 / Section 29A-3-1005
Limitations on proceedings against personal representatives
Status: in_force

Unless previously barred by adjudication and except as provided in the closing statement, the rights of successors and of creditors whose claims have not otherwise been barred against the personal representative for breach of fiduciary duty are barred unless a proceeding to assert the same is commenced within six months after the filing of the closing statement. The rights thus barred do not include rights to recover from a personal representative for fraud, misrepresentation, or inadequate disclosure related to the settlement of the decedent's estate.

Source: SL 1994, ch 232, § 3-1005.
S.D. Codified Laws § 29A-3-105 — SD Code / Title 29A / Chapter 3 / Section 29A-3-105
Proceedings affecting devolution and administration--Jurisdiction of subject matter
Status: in_force

Persons interested in decedents' estates may apply to the clerk of court for determinations in the informal proceedings provided in this article, and may petition the court for orders in formal proceedings within the court's jurisdiction including but not limited to those described in this article. The court may hear and determine formal proceedings and distribution of decedents' estates after notice in conformity with § 29A-1-401 . Persons notified are bound though less than all interested persons may have been given notice. The court has jurisdiction of any other action or proceeding concerning a succession or to which an estate, through a personal representative, may be a party, including actions to determine title to property, and of any action or proceeding in which property distributed by a personal representative or its value is sought to be subjected to rights of creditors or successors of the decedent.

Source: SL 1994, ch 232, § 3-105; SL 1995, ch 167, § 100.
S.D. Codified Laws § 29A-2-401 — SD Code / Title 29A / Chapter 2 / Section 29A-2-401
Applicable law
Status: in_force

This part applies to the estate of a decedent who dies domiciled in this state. Rights to homestead allowance, exempt property, and family allowance for a decedent who dies not domiciled in this state are governed by the law of the decedent's domicile at death.

Source: SL 1995, ch 167, § 2-401.
S.D. Codified Laws § 29A-5-508 — SD Code / Title 29A / Chapter 5 / Section 29A-5-508
Termination, revocation or modification of guardian or conservator--Modification of limited guardianship or limited conservatorship--Investigation by court representative--Records sealed
Status: in_force

Upon petition by the protected person, by the guardian or conservator, by any other interested person, or on the court's own motion, the court may terminate a guardianship, conservatorship, or both, or modify the type of appointment or the areas of protection, management, or assistance previously granted to a limited guardian or limited conservator. Such termination, revocation, or modification may be ordered if:

(1) The protected person is no longer in need of the assistance or protection of a guardian or conservator;

(2) The extent of protection, management, or assistance previously granted is either excessive or insufficient considering the current need therefor;

(3) The protected person's understanding or capacity to manage the estate and financial affairs or to provide for health, care, or safety has so changed as to warrant such action; or

(4) No suitable guardian or conservator can be secured who is willing to exercise the assigned duties.

In making a determination under this section, the court may appoint an attorney for the protected person if the court determines that an appointment is necessary to protect the person's interests, may appoint a court representative to make such investigations as the court shall order, and may appoint one or more individuals that it deems qualified to make such evaluations as it shall determine appropriate. Such evaluations and the written report of the court representative shall be sealed upon filing and may not be made a part of the public record but shall be available to the court, to the protected person, to the guardian or conservator, to the petitioner, to the court representative, to their attorneys, and to such other individuals and entities as the court may order upon a showing of the need.

Source: SL 1993, ch 213, § 71; SDCL 30-36-71; SL 1995, ch 167, § 181.
S.D. Codified Laws § 29A-5A-203 — SD Code / Title 29A / Chapter 5A / Section 29A-5A-203
Jurisdiction
Status: in_force

A court of this state has jurisdiction to appoint a guardian or issue a protective order for a respondent if:

(1) This state is the respondent's home state;

(2) On the date the petition is filed, this state is a significant-connection state and:

(A) The respondent does not have a home state or a court of the respondent's home state has declined to exercise jurisdiction because this state is a more appropriate forum; or

(B) The respondent has a home state, a petition for an appointment or order is not pending in a court of that state or another significant-connection state, and, before the court makes the appointment or issues the order:

(i) A petition for an appointment or order is not filed in the respondent's home state;

(ii) An objection to the court's jurisdiction is not filed by a person required to be notified of the proceeding; and

(iii) The court in this state concludes that it is an appropriate forum under the factors set forth in § 29A-5A-206 ;

(3) This state does not have jurisdiction under either paragraph (1) or (2), the respondent's home state and all significant-connection states have declined to exercise jurisdiction because this state is the more appropriate forum, and jurisdiction in this state is consistent with the constitutions of this state and the United States; or

(4) The requirements for special jurisdiction under § 29A-5A-204 are met.

Source: SL 2011, ch 135, § 203.
S.D. Codified Laws § 29A-4-301 — SD Code / Title 29A / Chapter 4 / Section 29A-4-301
Jurisdiction by act of foreign personal representative
Status: in_force

A foreign personal representative submits personally to the jurisdiction of the courts of this state in any proceeding relating to the estate by (1) filing certified copies of the appointment as provided in § 29A-4-204 , (2) receiving payment of money or taking delivery of personal property under § 29A-4-201 , or (3) doing any act as a personal representative in this state which would have given the state jurisdiction over the personal representative as an individual. Jurisdiction under (2) is limited to the money or value of personal property collected.

Source: SL 1994, ch 232, § 4-301; SL 1995, ch 167, § 142.
S.D. Codified Laws § 29A-5-422 — SD Code / Title 29A / Chapter 5 / Section 29A-5-422
Presumption of protected person's consent or refusal based on proof of relationship
Status: in_force

If a protected person is unable to express consent to communication, visitation, or interaction with a person due to a physical or mental condition, then the guardian or conservator may presume the protected person's consent to or refusal of the communication, visitation, or interaction based on proof concerning the nature of the protected person's relationship with the other person.

Source: SL 2016, ch 150, § 2.
S.D. Codified Laws § 29A-6-113 — SD Code / Title 29A / Chapter 6 / Section 29A-6-113
Provisions deemed nontestamentary--Rights of creditors not limited
Status: in_force

(a) A provision for a nonprobate transfer on death in an insurance policy, contract of employment, bond, mortgage, promissory note, certificated or uncertificated security, account agreement, custodial agreement, deposit agreement, compensation plan, pension plan, individual retirement plan, employee benefit plan, trust, conveyance, deed or gift, marital property agreement, or other written instrument of a similar nature is nontestamentary. This subsection includes a written provision that:

(1) Money or other benefits due to, controlled by, or owned by a decedent before death must be paid after the decedent's death to a person whom the decedent designates either in the instrument or in a separate writing, including a will, executed either before or at the same time as the instrument, or later;

(2) Money due or to become due under the instrument ceases to be payable in the event of death of the promisee or the promisor before payment or demand; or

(3) Any property controlled by or owned by the decedent before death which is the subject of the instrument passes to a person the decedent designates either in the instrument or in a separate writing, including a will, executed either before or at the same time as the instrument, or later.

(b) This section does not limit rights of creditors under other laws of this state.

Source: SL 1987, ch 208, § 13; SDCL 30-23-55; SL 1995, ch 167, §§ 171, 172.
S.D. Codified Laws § 29A-6-109 — SD Code / Title 29A / Chapter 6 / Section 29A-6-109
Payments from joint account to party, personal representative or heirs
Status: in_force

Any sums in a joint account may be paid, on request, to any party without regard to whether any other party is incapacitated or deceased at the time the payment is demanded. However, payment may not be made to the personal representative or heirs of a deceased party unless proofs of death are presented to the financial institution showing that the decedent was the last surviving party or unless there is no right of survivorship under § 29A-6-104 .

Source: SL 1987, ch 208, § 9; SL 1992, ch 88, § 10; SL 1993, ch 94, § 4; SDCL 30-23-51; SL 1995, ch 167, § 172.
S.D. Codified Laws § 29A-6-411 — SD Code / Title 29A / Chapter 6 / Section 29A-6-411
Revocation by more than one transferor
Status: in_force

If a transfer on death deed is made by more than one transferor:

(1) Revocation by one transferor does not affect the deed as to the interest of another transferor; and

(2) A deed of joint owners is revoked only if it is revoked by all of the living joint owners.

Source: SL 2014, ch 133, § 11.
S.D. Codified Laws § 29A-4-203 — SD Code / Title 29A / Chapter 4 / Section 29A-4-203
Resident creditor notice
Status: in_force

Payment or delivery under § 29A-4-201 may not be made if a resident creditor of the nonresident decedent has notified the debtor of the nonresident decedent or the person having possession of the personal property or of the instrument evidencing a debt, obligation, stock, or chose in action belonging to the nonresident decedent that the debt should not be paid nor the property delivered to the domiciliary foreign personal representative.

Source: SL 1994, ch 232, § 4-203.
S.D. Codified Laws § 29A-6-430 — SD Code / Title 29A / Chapter 6 / Section 29A-6-430
Optional form of transfer on death deed
Status: in_force

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

__________ ______________________________

(signature) (date)

__________ ______________________________

(signature) (date)

Source: SL 2014, ch 133, § 30.
S.D. Codified Laws § 29A-6-416 — SD Code / Title 29A / Chapter 6 / Section 29A-6-416
Beneficiary takes property subject to all interests present at transferor's death
Status: in_force

Subject to chapter 43-28 , a beneficiary takes the property subject to all conveyances, encumbrances, assignments, contracts, mortgages, liens, and other interests to which the property is subject at the transferor's death. For purposes of this section and chapter 43-28 , the recording of the transfer on death deed is deemed to have occurred at the transferor's death.

Source: SL 2014, ch 133, § 16.
S.D. Codified Laws § 29A-5-109 — SD Code / Title 29A / Chapter 5 / Section 29A-5-109
Transfer of jurisdiction following appointment
Status: in_force

Following the appointment of a guardian or conservator, the court with jurisdiction over the proceeding may order the transfer of jurisdiction to another county in this state or to another state if it appears to the court by reason of the residence or location of the minor, the location of a major portion of the property, or the residence of the guardian or conservator, that the interests of the minor will be best served by a transfer.

Source: SL 1993, ch 213, § 9; SDCL § 30-36-9; SL 1995, ch 167, § 181; SL 2011, ch 135, § 503.1.
S.D. Codified Laws § 29A-5-418 — SD Code / Title 29A / Chapter 5 / Section 29A-5-418
Filing letters of conservatorship--Proper county--Constructive notice
Status: in_force

Within ninety days following an appointment, a conservator shall file and record a certified copy of the letters of conservatorship in the office of the register of deeds in the county of appointment and in any county in which the minor or protected person owns real estate. A conservator may, but need not, file and record the letters in other counties, and a guardian may, but need not, record the letters of guardianship in any county. A filing shall include an affidavit that designates the real estate owned by the minor or protected person and which contains a legal description. The filing and recording of a certified copy of the letters is constructive notice of the existence of the guardianship or conservatorship until the same is discharged by the like filing and recording of a certified copy of an order terminating the guardianship or conservatorship.

Source: SL 1993, ch 213, § 61; SDCL 30-36-61; SL 1995, ch 167, § 181.
S.D. Codified Laws § 29A-3-614 — SD Code / Title 29A / Chapter 3 / Section 29A-3-614
Special administrator--Appointment
Status: in_force

A special administrator may be appointed:

(1) Informally by the clerk on the application of any interested person when necessary to protect the estate of a decedent prior to the appointment of a general personal representative or, if a prior appointment has been terminated, as provided in § 29A-3-609 ; or

(2) In a formal proceeding by order of the court on the petition of any interested person and finding, after notice and hearing, that appointment is necessary to preserve the estate or to secure its proper administration including its administration in circumstances where a general personal representative cannot or should not act. If it appears to the court that an emergency exists, appointment may be ordered without notice.

Source: SL 1994, ch 232, § 3-614; SL 1995, ch 167, § 120; SL 1999, ch 145, § 1.
S.D. Codified Laws § 29A-5-502 — SD Code / Title 29A / Chapter 5 / Section 29A-5-502
Appointment of additional guardians or conservators--Successors
Status: in_force

The court may appoint additional guardians or conservators and may appoint a successor guardian or conservator either prior to or at the time of a vacancy. A successor guardian or conservator appointed prior to a vacancy shall be immediately empowered to assume the duties of office upon the termination of the predecessor's appointment, but shall be required to file the requisite acceptance of office and any required bond within sixty days. A successor guardian or conservator shall succeed to the powers and duties of the predecessor unless otherwise ordered by the court.

Source: SL 1993, ch 213, § 65; SDCL 30-36-65; SL 1995, ch 167, §§ 180, 181; SL 1999, ch 146, § 3.
S.D. Codified Laws § 29A-6-412 — SD Code / Title 29A / Chapter 6 / Section 29A-6-412
Revocation by act not permitted
Status: in_force

After a transfer on death deed is recorded, it may not be revoked by a revocatory act on the deed. Such revocatory act includes burning, tearing, canceling, obliterating, or destroying the deed, or any part of it.

Source: SL 2014, ch 133, § 12.
S.D. Codified Laws § 29A-6-106 — SD Code / Title 29A / Chapter 6 / Section 29A-6-106
Effectiveness of transfers--Not considered testamentary
Status: in_force

Any transfers resulting from the application of § 29A-6-104 are effective by reason of the account contracts involved and §§ 29A-6-101 to 29A-6-113 , inclusive, and are not to be considered as testamentary except to the extent directed by § 29A-6-107 .

Source: SL 1987, ch 208, § 6; SDCL 30-23-48; SL 1995, ch 167, § 172.
S.D. Codified Laws § 29A-5A-402 — SD Code / Title 29A / Chapter 5A / Section 29A-5A-402
Registration of protective orders
Status: in_force

If a conservator has been appointed in another state and a petition for a protective order is not pending in this state, the conservator appointed in the other state, after giving notice to the appointing court of an intent to register, may register the protective order in this state by filing as a foreign judgment in a court of this state, in any county in which property belonging to the protected person is located, certified copies of the order and letters of office and of any bond.

Source: SL 2011, ch 135, § 402.
S.D. Codified Laws § 29A-2-213 — SD Code / Title 29A / Chapter 2 / Section 29A-2-213
Waiver of right to elect and of other rights
Status: in_force

(a) The right of election of a surviving spouse and the rights of the surviving spouse to homestead allowance, exempt property, and family allowance, or any of them, may be waived, wholly or partially, before or after marriage, by a written contract, agreement, or waiver signed by the surviving spouse.

(b) A surviving spouse's waiver is not enforceable if the surviving spouse proves that:

(1) The waiver was not executed voluntarily; or

(2) The waiver was unconscionable when it was executed and, before execution of the waiver, the surviving spouse:

(i) Was not provided a fair and reasonable disclosure of the property or financial obligations of the decedent;

(ii) Did not voluntarily and expressly waive, in writing, any right to disclosure of the property or financial obligations of the decedent beyond the disclosure provided; and

(iii) Did not have, or reasonably could not have had, an adequate knowledge of the property or financial obligations of the decedent.

(c) An issue of unconscionability of a waiver is for decision by the court as a matter of law.

(d) Unless it provides to the contrary, a waiver of "all rights," or equivalent language, in the property or estate of a present or prospective spouse or a complete property settlement entered into after or in anticipation of separation or divorce is a waiver of all rights of elective share, homestead allowance, exempt property, and family allowance by each spouse in the property of the other and a renunciation by each of all benefits that would otherwise pass from the other by intestate succession or by virtue of any will executed before the waiver or property settlement.

Source: SL 1995, ch 167, § 2-213.
S.D. Codified Laws § 29A-3-817 — SD Code / Title 29A / Chapter 3 / Section 29A-3-817
Department of Social Services' claim for indebtedness incurred by paying for medical assistance or care
Status: in_force

The Department of Social Services is entitled to receive personal property of a decedent by presenting an affidavit pursuant to § 29A-3-1201 and a statement that the department has incurred an indebtedness by paying for the medical assistance for nursing home or other medical institutional care on behalf of the decedent. If the person paying, delivering, transferring, or issuing personal property or the evidence thereof is aware of any such indebtedness, no payment or delivery may be made, except for payment of funeral expenses, unless payment is first made to the Department of Social Services or the department has issued a satisfaction of indebtedness.

Source: SL 1995, ch 167, § 138.
S.D. Codified Laws § 29A-1-101 — SD Code / Title 29A / Chapter 1 / Section 29A-1-101
Short title
Status: in_force

This title shall be known and may be cited as the South Dakota Uniform Probate Code. The code consists of chapters 29A-1 to 29A-6 , inclusive.

Source: SL 1995, ch 167, § 1-101.
S.D. Codified Laws § 29A-5-206 — SD Code / Title 29A / Chapter 5 / Section 29A-5-206
Filing of minor's financial statement
Status: in_force

Prior to the hearing on the petition, the petitioner shall file a statement of the financial resources of the minor which shall, to the extent known, list the approximate value of the real and personal estate and the anticipated annual gross income and other receipts.

Source: SL 1993, ch 213, § 24; SDCL 30-36-24; SL 1995, ch 167, § 181; SL 2006, ch 153, § 3.
S.D. Codified Laws § 29A-5-420 — SD Code / Title 29A / Chapter 5 / Section 29A-5-420
Court authorized powers of protected person's conservator--Considerations--Hearing--Protected person's will
Status: in_force

Upon petition therefor, the court may authorize a conservator to exercise any of the powers over the estate or financial affairs of a protected person which the protected person could have exercised if present and not under conservatorship, including the powers:

(1) To make gifts to charity or other donees, and to convey interests in any property;

(2) To provide support for individuals who are not legal dependents;

(3) To amend or revoke trusts, or to create or make additions to revocable or irrevocable trusts, even though such trusts may extend beyond the life of the protected person;

(4) To disclaim, renounce, or release any interest or power, or to exercise any power;

(5) To exercise options or change the beneficiary on or withdraw the cash value of any life insurance policy, annuity policy, or retirement plan;

(6) To elect against the estate of the protected person's spouse;

(7) To withdraw funds from a multiple - party bank account as defined in § 29A-6-101 , to change the beneficiary on or dispose of any payable or transfer on death arrangement as defined in § 29A-6-113 , or to dispose of any property specifically given under the protected person's will; or

(8) To make, amend, or revoke a will.

The court, in authorizing the conservator to exercise any of the above powers, shall primarily consider the decision which the protected person would have made, to the extent that the decision can be ascertained. The court shall also consider the financial needs of the protected person and the needs of legal dependents for support, possible reduction of income, estate, inheritance or other tax liabilities, eligibility for governmental assistance, the protected person's prior pattern of giving or level of support, the existing estate plan, the protected person's probable life expectancy, the probability that the conservatorship will terminate prior to the protected person's death, and any other factors which the court believes pertinent.

No order may be entered under this section unless notice of hearing is first given to the protected person, to the beneficiaries of the protected person's estate plan, and to the individuals who would succeed to the protected person's estate by intestate succession and, if known, to any attorney or financial advisor who advised the protected person within the last five years. No trust or will may be amended or revoked without prior notice of hearing to the trustee or nominated personal representative thereof.

In making a determination under this section, the court may compel the production of documents, including the protected person's will. A will made by the conservator on the protected person's behalf, or an amendment or revocation of a will previously made by the protected person or conservator shall be in writing and signed by the conservator in the presence of at least two witnesses, who shall each affix his or her signature. The conservator may, but need not, attach a self - proving affidavit as provided in § 29A-2-504 .

Nothing in this section may be construed to create a duty on the part of a conservator to revise a protected person's estate plan.

Source: SL 1993, ch 213, § 63; SDCL 30-36-63; SL 1995, ch 167, §§ 179, 181; SL 2002, ch 138, § 4.
S.D. Codified Laws § 29A-6-307 — SD Code / Title 29A / Chapter 6 / Section 29A-6-307
Ownership on death of owner
Status: in_force

On death of a sole owner or the last to die of all multiple owners, ownership of securities registered in beneficiary form passes to the beneficiary or beneficiaries who survive all owners. On proof of death of all owners and compliance with any applicable requirements of the registering entity, a security registered in beneficiary form may be reregistered in the name of the beneficiary or beneficiaries who survived the death of all owners. Until division of the security after the death of all owners, multiple beneficiaries surviving the death of all owners hold their interests as tenants in common. If no beneficiary survives the death of all owners, the security belongs to the estate of the deceased sole owner or the estate of the last to die of all multiple owners.

Source: SL 1995, ch 168, § 6-307.
S.D. Codified Laws § 29A-5A-301 — SD Code / Title 29A / Chapter 5A / Section 29A-5A-301
Transfer of guardianship or conservatorship to another state
Status: in_force

(a) A guardian or conservator appointed in this state may petition the court to transfer the guardianship or conservatorship to another state.

(b) Notice of a petition under subsection (a) must be given to the persons that would be entitled to notice of a petition in this state for the appointment of a guardian or conservator.

(c) On the court's own motion or on request of the guardian or conservator, the protected person, or other person required to be notified of the petition, the court shall hold a hearing on a petition filed pursuant to subsection (a).

(d) The court shall issue an order provisionally granting a petition to transfer a guardianship and shall direct the guardian to petition for guardianship in the other state if the court is satisfied that the guardianship will be accepted by the court in the other state and the court finds that:

(1) The protected person is physically present in or is reasonably expected to move permanently to the other state;

(2) An objection to the transfer has not been made or, if an objection has been made, the objector has not established that the transfer would be contrary to the interests of the protected person; and

(3) Plans for care and services for the protected person in the other state are reasonable and sufficient.

(e) The court shall issue a provisional order granting a petition to transfer a conservatorship and shall direct the conservator to petition for conservatorship in the other state if the court is satisfied that the conservatorship will be accepted by the court of the other state and the court finds that:

(1) The protected person is physically present in or is reasonably expected to move permanently to the other state, or the protected person has a significant connection to the other state considering the factors in subsection 29A-5A-201(b);

(2) An objection to the transfer has not been made or, if an objection has been made, the objector has not established that the transfer would be contrary to the interests of the protected person; and

(3) Adequate arrangements will be made for management of the protected person's property.

(f) The court shall issue a final order confirming the transfer and terminating the guardianship or conservatorship upon its receipt of:

(1) A provisional order accepting the proceeding from the court to which the proceeding is to be transferred which is issued under provisions similar to § 29A-5A-302 ; and

(2) The documents required to terminate a guardianship or conservatorship in this state.

Source: SL 2011, ch 135, § 301.
S.D. Codified Laws § 29A-3-302 — SD Code / Title 29A / Chapter 3 / Section 29A-3-302
Informal probate--Duty of clerk--Effect of informal probate
Status: in_force

Upon receipt of an application requesting informal probate of a will, the clerk, upon making the findings required by § 29A-3-303 shall issue a written statement of informal probate if at least one hundred twenty hours have elapsed since the decedent's death. Informal probate is conclusive as to all persons until superseded by an order in a formal testacy proceeding. No defect in the application or procedure relating thereto which leads to informal probate of a will renders the probate void.

Source: SL 1994, ch 232, § 3-302; SL 1995, ch 167, § 104.
S.D. Codified Laws § 29A-2-517 — SD Code / Title 29A / Chapter 2 / Section 29A-2-517
Penalty clause for contest
Status: in_force

A provision in a will purporting to penalize an interested person for contesting the will or instituting other proceedings relating to the estate is unenforceable if probable cause exists for instituting proceedings.

Source: SL 1995, ch 167, § 2-517.
S.D. Codified Laws § 29A-3-202 — SD Code / Title 29A / Chapter 3 / Section 29A-3-202
Appointment or testacy proceedings--Conflicting claim of domicile in another state
Status: in_force

If conflicting claims as to the domicile of a decedent are made in a formal testacy or appointment proceeding commenced in this state, and in a testacy or appointment proceeding after notice pending at the same time in another state, the court of this state must stay, dismiss, or permit suitable amendment in, the proceeding here unless it is determined that the local proceeding was commenced before the proceeding elsewhere. The determination of domicile in the proceeding first commenced must be accepted as determinative in the proceeding in this state.

Source: SL 1994, ch 232, § 3-202.
S.D. Codified Laws § 29A-5-102 — SD Code / Title 29A / Chapter 5 / Section 29A-5-102
Definitions
Status: in_force

Terms used in this chapter mean:

(1) "Absentee," any 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) "Conservator," one appointed by the court to be responsible for managing the estate and financial affairs of a minor or protected person;

(3) "Court representative," any individual appointed by the court to make investigations and recommendations as provided in this chapter or as otherwise ordered by the court;

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

(5) "Interested person," any individual who is the subject of a guardianship or conservatorship proceeding, and any entity, public agency, or other individual with an interest in the proceeding, either generally or as to a particular matter;

(6) "Limited conservator," one appointed by the court who has only those responsibilities for managing the estate and financial affairs of a minor or protected person as are specified in the order of appointment;

(7) "Limited guardian," one appointed by the court who has only those responsibilities for the personal affairs of a minor or protected person as are specified in the order of appointment;

(8) "Minor," any individual under eighteen years of age;

(9) "Person alleged to need protection," any individual for whom the appointment of a guardian or conservator is being sought other than for reasons of minority;

(10) "Protected person," any individual for whom a guardian or conservator has been appointed other than for reasons of minority.

Any reference to a "guardian" includes a "limited guardian," and any reference to a "conservator" includes a "limited conservator," or a guardian with authority to manage the estate and financial affairs of a minor or protected person who was appointed prior to July 1, 1993. Any reference to a "person" refers to an "interested person," a "person alleged to need protection," or a "protected person," but does not refer to a "person" as defined in § 2-14-2 .

Source: SL 1993, ch 213, § 2; SDCL 30-36-2; SL 1995, ch 167, §§ 176, 181; SL 2026, ch 19, § 8.
S.D. Codified Laws § 29A-6-414 — SD Code / Title 29A / Chapter 6 / Section 29A-6-414
Effect of transfer on death deed during transferor's life
Status: in_force

During a transferor's life, a transfer on death deed does not:

(1) Affect an interest or right of the transferor or any other owner, including the right to transfer or encumber the property;

(2) Affect an interest or right of a designated beneficiary, even if the designated beneficiary has actual or constructive notice of the deed;

(3) Affect an interest or right of a secured or unsecured creditor or future creditor of the transferor, even if the creditor has actual or constructive notice of the deed;

(4) Affect the transferor's or designated beneficiary's eligibility for any form of public assistance;

(5) Create a legal or equitable interest in favor of the designated beneficiary; or

(6) Subject the property to claims or process of a creditor of the designated beneficiary.

Source: SL 2014, ch 133, § 14.
S.D. Codified Laws § 29A-6-426 — SD Code / Title 29A / Chapter 6 / Section 29A-6-426
Agent may not modify beneficiary designation unless authorized
Status: in_force

An attorney in fact, custodian, conservator, or other agent may not make, revoke, or change a beneficiary designation unless the document establishing the agent's right to act, or a court order, expressly authorizes such action and such action complies with the terms of the governing instrument, the rulings of the court, and applicable law.

This section does not prohibit the authorized withdrawal, sale, pledge, or other present transfer of the property by an attorney in fact, custodian, conservator, or other agent notwithstanding the fact that the effect of the transaction may be to extinguish a designated beneficiary's right to receive a transfer of the property at the death of the owner.

Source: SL 2014, ch 133, § 26.
S.D. Codified Laws § 29A-3-902 — SD Code / Title 29A / Chapter 3 / Section 29A-3-902
Abatement--Order and amount
Status: in_force

Unless a contrary intent is indicated in the will, and except as otherwise provided in this code, shares abate in the following order: (1) property not disposed of by the will; (2) property devised to a residuary devisee; (3) property not specifically devised; and (4) all other property. Abatement within each class is in proportion to the amount of property each of the beneficiaries would have received if full distribution of the property had been made in accordance with the terms of the will.

Source: SL 1994, ch 232, § 3-902; SL 1995, ch 167, § 130.
S.D. Codified Laws § 29A-3-720 — SD Code / Title 29A / Chapter 3 / Section 29A-3-720
Expenses in estate litigation
Status: in_force

Any personal representative or person nominated as personal representative who defends or prosecutes any proceeding in good faith, whether successful or not, is entitled to receive from the estate necessary expenses and disbursements including reasonable attorney's fees. The court may also award necessary expenses and disbursements, including reasonable attorney's fees, to any person who prosecuted or defended an action that resulted in a substantial benefit to the estate.

Source: SL 1994, ch 232, § 3-720.
S.D. Codified Laws § 29A-3-713 — SD Code / Title 29A / Chapter 3 / Section 29A-3-713
Sale, encumbrance, or transaction involving conflict of interest--Voidable--Exceptions
Status: in_force

Any sale or encumbrance to the personal representative, the personal representative's spouse, agent or attorney, or any corporation or trust in which the personal representative has a substantial beneficial interest, or any transaction which is affected by a substantial conflict of interest on the part of the personal representative, is voidable by any person interested in the estate except one who has consented after fair disclosure, unless:

(1) The will or a contract entered into by the decedent expressly authorized the transaction; or

(2) The transaction is approved by the court after notice to interested persons.

Source: SL 1994, ch 232, § 3-713.
S.D. Codified Laws § 29A-3-311 — SD Code / Title 29A / Chapter 3 / Section 29A-3-311
Informal appointment unavailable in certain cases
Status: in_force

The clerk shall decline an application for informal appointment if the application indicates the existence of a possible unrevoked testamentary instrument which may relate to property subject to the laws of this state, and which is not filed for probate in this court.

Source: SL 1994, ch 232, § 3-311; SL 1995, ch 167, § 110.
S.D. Codified Laws § 29A-2-510 — SD Code / Title 29A / Chapter 2 / Section 29A-2-510
Incorporation by reference
Status: in_force

A writing in existence when a will is executed may be incorporated by reference if the language of the will manifests this intent and describes the writing sufficiently to permit its identification.

Source: SL 1995, ch 167, § 2-510.
S.D. Codified Laws § 29A-3-309 — SD Code / Title 29A / Chapter 3 / Section 29A-3-309
Informal appointment proceedings--Clerk not satisfied
Status: in_force

The clerk may decline an application for informal appointment if not satisfied that a requested informal appointment of a personal representative should be made because of failure to meet the requirements of §§ 29A-3-307 and 29A-3-308 or for any other reason. A declination of informal appointment is not an adjudication and does not preclude appointment in formal proceedings.

Source: SL 1994, ch 232, § 3-309; SL 1995, ch 167, § 109.
S.D. Codified Laws § 29A-5-409 — SD Code / Title 29A / Chapter 5 / Section 29A-5-409
Waiver of accounting requirements--Change in frequency of accountings
Status: in_force

The court, upon petition, may waive the requirement that accountings be filed or may permit accountings to be filed less frequently than annually if it concludes that the expense involved or burden placed on the conservator in preparing and filing annual accountings outweigh the benefit and protection afforded thereby to the minor or protected person.

In determining whether accountings may be waived or presented less frequently than annually, the court shall consider:

(1) The relationship of the conservator to the minor or protected person;

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

(3) The amount of the bond;

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

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

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

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

Upon the termination of a conservatorship, the court may, in addition, waive the requirement that a final accounting be filed if the individuals and entities entitled to the estate consent.

Source: SL 1993, ch 213, § 52; SL 1994, ch 233, § 6; SDCL 30-36-52; SL 1995, ch 167, § 181.
S.D. Codified Laws § 29A-3-615 — SD Code / Title 29A / Chapter 3 / Section 29A-3-615
Special administrator--Who may be appointed
Status: in_force

(a) If a special administrator is to be appointed pending the probate of a will which is the subject of a pending application or petition for probate, the person named personal representative in the will shall be appointed if available and qualified.

(b) In other cases, any qualified person may be appointed special administrator.

Source: SL 1994, ch 232, § 3-615.
S.D. Codified Laws § 29A-5-306 — SD Code / Title 29A / Chapter 5 / Section 29A-5-306
Report to be included with petition--Contents
Status: in_force

The petition shall include a report evaluating the condition of the person alleged to need protection which shall contain, to the best information and belief of its signatories:

(1) A description of the nature, type, and extent of the person's incapacity, including the person's specific cognitive and functional limitations;

(2) Evaluations of the person's mental and physical condition and, where appropriate, educational condition, adaptive behavior, and social skills;

(3) If the appointment of a guardian is requested, a description of the services, if any, currently being provided for the person's health, care, safety, habilitation, or therapeutic needs and a recommendation as to the most suitable living arrangement and, if appropriate, treatment or habilitation plan and the reasons therefor;

(4) If the appointment of a conservator is requested, a description of the services, if any, currently being provided for the management of the person's estate and financial affairs;

(5) An opinion as to whether the appointment of a guardian or conservator is necessary, the type and scope of the guardianship or conservatorship needed, and the reasons therefor;

(6) If the petition states that the incapacity of the person alleged to need protection will prevent attendance at the hearing, an opinion as to whether such attendance would be detrimental to the person's health, care or safety;

(7) A statement as to whether the person alleged to need protection is on any medications that may affect the person's actions, demeanor and participation at the hearing;

(8) The signature of a physician, psychiatrist or licensed psychologist, and the signatures of any other individuals who made substantial contributions toward the report's preparation; and

(9) The date of any assessment or examination upon which the report is based and if any of the assessments or examinations were performed more than three months prior to the date of the filing of the petition, a statement by a physician, psychiatrist or licensed psychologist that there has been no material change in the condition of the person alleged to need protection since the dates that such assessments or examinations were performed.

The court, for good cause shown, may grant leave to file the petition without an evaluation report. If such leave is granted, the court shall order the appropriate assessments or examinations and shall order that a report be prepared and filed with the court.

No evaluation report need be prepared if the petition has been brought on the basis that the person alleged to need protection is an absentee.

Source: SL 1993, ch 213, § 34; SDCL 30-36-34; SL 1995, ch 167, § 181.
S.D. Codified Laws § 29A-6-415 — SD Code / Title 29A / Chapter 6 / Section 29A-6-415
Effect of transfer on death deed at transferor's death
Status: in_force

Except as otherwise provided in the transfer on death deed, in this section, §§ 29A-2-603 , 29A-2-701 , 29A-2-802 , or 29A-2-803 , revocation by divorce or homicide, survival and simultaneous death, and elective share, on the death of the transferor, the following rules apply to property that is the subject of a transfer on death deed and owned by the transferor at death:

(1) Subject to subdivision (2), the interest in the property is transferred to the designated beneficiary, or when necessary, to the contingent beneficiary in accordance with the deed.

(2) The interest of a designated beneficiary is contingent on the designated beneficiary surviving the transferor. The interest of any designated or contingent beneficiary who fails to survive the transferor by one hundred twenty hours lapses unless survival is specifically waived or modified as provided by § 29A-2-702 .

(3) Subject to subdivision (4), concurrent interests are transferred to the beneficiaries in equal and undivided shares with no right of survivorship.

(4) If the transferor identifies two or more designated beneficiaries to receive concurrent interests in the property, the share of one which lapses or fails for any reason is transferred to the other, or to the others in proportion to the interest of each in the remaining part of the property held concurrently.

Source: SL 2014, ch 133, § 15.
S.D. Codified Laws § 29A-3-602 — SD Code / Title 29A / Chapter 3 / Section 29A-3-602
Acceptance of appointment--Consent to jurisdiction
Status: in_force

By accepting appointment, a personal representative submits personally to the jurisdiction of the court in any proceeding relating to the estate that may be instituted by any interested person. Notice of any proceeding shall be delivered to the personal representative, or mailed to the personal representative by ordinary first class mail at the address as listed in the application or petition for appointment or as thereafter reported to the court and to the personal representative's address as then known to the petitioner.

Source: SL 1994, ch 232, § 3-602.
S.D. Codified Laws § 29A-2-403 — SD Code / Title 29A / Chapter 2 / Section 29A-2-403
Family allowance
Status: in_force

(a) In addition to the homestead allowance and exempt property, the decedent's surviving spouse and minor children whom the decedent was obligated to support and the children who were in fact being supported by the decedent shall be allowed a reasonable family allowance in money out of the estate for their maintenance during the period of administration.

(b) Without the necessity of court approval, the personal representative may determine the family allowance in a lump sum not exceeding $18,000 or in installments not exceeding $1,500 per month for one year.

(c) The family allowance shall be payable to the surviving spouse, if living, for the use of the surviving spouse and any minor or dependent children; otherwise to the children, their guardian, conservator, or persons having their care and custody. If a minor child or dependent child is not living with the surviving spouse, the allowance may be made partially to the child or the guardian, conservator, or person having the care and custody of that child, and partially to the spouse, as their needs may appear.

(d) The family allowance is exempt from and has priority over all claims except the homestead and exempt property allowances.

(e) The family allowance is not chargeable against any benefit or share passing to the surviving spouse or children by the will of the decedent, unless otherwise provided, by intestate succession, or by way of elective share. The death of any person entitled to the family allowance terminates the right of that person to allowances not yet paid.

(f) The personal representative or an interested person aggrieved by any determination, payment, proposed payment, or failure to act under this section may petition the court for appropriate relief, which may include a family allowance other than that which the personal representative determined or could have determined.

Source: SL 1995, ch 167, § 2-403.
S.D. Codified Laws § 29A-4-401 — SD Code / Title 29A / Chapter 4 / Section 29A-4-401
Effect of adjudication for or against personal representative
Status: in_force

An adjudication rendered in any jurisdiction in favor of or against any personal representative of the estate is as binding on the local personal representative as if he were a party to the adjudication.

Source: SL 1994, ch 232, § 4-401.
S.D. Codified Laws § 29A-3-401 — SD Code / Title 29A / Chapter 3 / Section 29A-3-401
Formal testacy proceedings--Nature--When commenced
Status: in_force

(a) A formal testacy proceeding is a proceeding conducted before the court to establish a will or determine intestacy. A formal testacy proceeding may be commenced by an interested person filing a petition as described in § 29A-3-402 requesting that the court, after notice and hearing, enter an order probating a will, an order setting aside an informal probate of a will, an order preventing informal probate of a will which is the subject of a pending application, or an order that the decedent died intestate.

(b) A petition may request formal probate of a will without regard to whether the same or a conflicting will has been informally probated. A formal testacy proceeding may, but need not, involve a request for appointment of a personal representative.

(c) During the pendency of a formal testacy proceeding, the clerk shall not act upon any application for informal probate of any will of the decedent or any application for informal appointment of a personal representative.

(d) Unless a petition in a formal testacy proceeding also requests confirmation of the previous informal appointment, a previously appointed personal representative, after receipt of notice of the commencement of a formal testacy proceeding, shall refrain from exercising the power to make any further distribution of the estate during the pendency of the formal proceeding. A petitioner who requests the appointment of a different personal representative in a formal proceeding also may request an order restraining the acting personal representative from exercising any of the powers of office and requesting the appointment of a special administrator. In the absence of a request, or if the request is denied, the commencement of a formal proceeding has no effect on the powers and duties of a previously appointed personal representative other than those relating to distribution.

Source: SL 1994, ch 232, § 3-401; SL 1995, ch 167, § 111.
S.D. Codified Laws § 29A-6-402 — SD Code / Title 29A / Chapter 6 / Section 29A-6-402
Definitions
Status: in_force

Terms used in this part mean:

(1) "Beneficiary," a person who receives property under a transfer on death deed;

(2) "Designated beneficiary," a person designated to receive property in a transfer on death deed;

(3) "Joint owner," any individual who owns property concurrently with one or more other individuals with a right of survivorship. The term includes a joint tenant with a right of survivorship. The term does not include a tenant in common;

(4) "Person," an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government or governmental subdivision, agency, or instrumentality, or any other legal or commercial entity;

(5) "Property," an interest in real property located in this state which is transferable on the death of the owner;

(6) "Transfer on a death deed," a document authorized under this part and is considered a governing instrument as defined by subdivision 29A-1-201(19);

(7) "Transferor," any individual who makes a transfer on a death deed.

Source: SL 2014, ch 133, § 2.
S.D. Codified Laws § 29A-3-301 — SD Code / Title 29A / Chapter 3 / Section 29A-3-301
Informal probate or appointment proceedings--Application--Contents
Status: in_force

(a) An informal probate proceeding is an informal proceeding for probate of a decedent's will with or without an application for informal appointment. An informal appointment proceeding is an informal proceeding for appointment of a personal representative in testate or intestate estates. Applications for informal probate or informal appointment shall be directed to the clerk of court, and verified by the applicant to be accurate and complete to the best of the applicant's knowledge and belief as to the following information:

(1) Every application for informal probate of a will or for informal appointment of a personal representative, other than a special administrator or successor representative, shall contain the following:

(i) A statement of the interest of the applicant;

(ii) The name, birthdate and date of death of the decedent, the county and state of the decedent's domicile at the time of death, and, so far as known or ascertainable with reasonable diligence by the applicant, the names and addresses of the heirs and devisees and the ages of any who are minors;

(iii) If the decedent was not domiciled in the state at the time of death, a statement showing venue;

(iv) A statement identifying and indicating the address of any personal representative of the decedent appointed in this state or elsewhere whose appointment has not been terminated;

(v) A statement indicating whether the applicant has received a demand for notice, or is aware of any demand for notice of any probate or appointment proceeding concerning the decedent that may have been filed in this state or elsewhere; and

(vi) A statement that the time limit for informal probate or appointment as provided in this chapter has not expired either because three years or less have passed since the decedent's death, or, if more than three years from death have passed, circumstances as described by § 29A-3-108 authorizing late probate or appointment have occurred;

(2) An application for informal probate of a will shall state the following in addition to the statements required by subdivision (1):

(i) That the original of the decedent's will is in the possession of the court, or accompanies the application, or that a certified copy of a will probated in another jurisdiction accompanies the application;

(ii) That the applicant, to the best of the applicant's knowledge, believes the will to have been validly executed;

(iii) That the applicant believes that the instrument which is the subject of the application is the decedent's will, and that after the exercise of reasonable diligence, the applicant is unaware of any instrument revoking the will or of any other unrevoked testamentary instrument relating to property having a situs in this state under § 29A-1-301 , or, a statement why any such unrevoked testamentary instrument of which the applicant may be aware is not being probated;

(3) An application for informal appointment of a personal representative to administer an estate under a will shall describe the will by date of execution and state the time and place of probate or the pending application or petition for probate. The application for appointment shall adopt the statements in the application or petition for probate and state the name, address, and priority for appointment of the person whose appointment is sought;

(4) An application for informal appointment of a personal representative in intestacy shall state in addition to the statements required by subdivision (1):

(i) That after the exercise of reasonable diligence, the applicant is unaware of any unrevoked testamentary instrument relating to property having a situs in this state under § 29A-1-301 , or, a statement why any such instrument of which the applicant may be aware is not being probated;

(ii) The name, address, and priority for appointment of the person whose appointment is sought and the names of any other persons having a prior or equal right to the appointment under § 29A-3-203 ;

(5) An application for appointment of a personal representative to succeed a personal representative appointed under a different testacy status shall refer to the order in the most recent testacy proceeding, state the name and address of the person whose appointment is sought and of the person whose appointment will be terminated if the application is granted, and describe the priority of the applicant;

(6) An application for appointment of a personal representative to succeed a personal representative who has tendered a resignation as provided in § 29A-3-610(c), or whose appointment has been terminated by death or removal, shall adopt the statements in the application or petition which led to the appointment of the person being succeeded except as specifically changed or corrected, state the name and address of the person who seeks appointment as successor, and describe the priority of the applicant.

(b) By verifying an application for informal probate, or informal appointment, the applicant submits personally to the jurisdiction of the court in any proceeding for relief from fraud relating to the application, or for perjury, that may be instituted against the applicant.

Source: SL 1994, ch 232, § 3-301; SL 1995, ch 167, § 103; SL 2002, ch 138, § 2; SL 2006, ch 153, § 1.
S.D. Codified Laws § 29A-3-809 — SD Code / Title 29A / Chapter 3 / Section 29A-3-809
Secured claims
Status: in_force

Payment of a secured claim is upon the basis of the amount allowed if the creditor surrenders the security; otherwise payment is upon the basis of one of the following:

(1) If the creditor exhausts the security before receiving payment (unless precluded by other law), upon the amount of the claim allowed less the fair value of the security; or

(2) If the creditor does not have the right to exhaust the security or has not done so, upon the amount of the claim allowed less the value of the security determined by converting it into money according to the terms of the agreement pursuant to which the security was delivered to the creditor, or by the creditor and personal representative by agreement, arbitration, compromise, or litigation.

Source: SL 1994, ch 232, § 3-809.
S.D. Codified Laws § 29A-6-422 — SD Code / Title 29A / Chapter 6 / Section 29A-6-422
Proof of insufficient other property to satisfy debts and obligations--Presumption
Status: in_force

In any action instituted by a creditor or personal representative of a deceased transferor, as specified in § 29A-6-421 , the person instituting the action shall allege and prove that there is not sufficient other property standing in the name of the deceased transferor at the time of transferor's death which is subject to and sufficient to pay said debts and obligations; provided that, if no petition is filed in court to probate the deceased transferor's estate within thirty days from the date of transferor's death, there is a presumption of evidence that the property standing in the name of the decedent at the time of transferor's death is insufficient to pay transferor's debts and obligations.

Source: SL 2014, ch 133, § 22.
S.D. Codified Laws § 29A-3-603 — SD Code / Title 29A / Chapter 3 / Section 29A-3-603
Personal representative--Bond not required--Exception
Status: in_force

A bond is not required of a personal representative unless the court concludes that a bond is in the best interests of the estate.

Source: SL 1994, ch 232, § 3-603; SL 2025, ch 90, § 3.
S.D. Codified Laws § 29A-2-208 — SD Code / Title 29A / Chapter 2 / Section 29A-2-208
Exclusions, valuation, and overlapping application
Status: in_force

(a) The value of any property is excluded from the decedent's nonprobate transfers to others (i) to the extent the decedent received adequate and full consideration in money or money's worth for a transfer of the property or (ii) if the property was transferred with the written joinder of, or if the transfer was consented to in writing by, the surviving spouse.

(b) The value of property:

(1) Included in the augmented estate under § 29A-2-205 , 29A-2-206 , or 29A-2-207 is reduced in each category by enforceable claims against the included property; and

(2) Includes the commuted value of any present or future interest and the commuted value of amounts payable under any trust, life insurance settlement option, annuity contract, public or private pension, disability compensation, death benefit or retirement plan, or any similar arrangement, exclusive of the federal Social Security system.

(c) In case of overlapping application to the same property of the paragraphs or subparagraphs of § 29A-2-205 , 29A-2-206 , or 29A-2-207 , the property is included in the augmented estate under the provision resulting in the greatest value, and under only one overlapping provision if they all yield the same value.

Source: SL 1995, ch 167, § 2-208.
S.D. Codified Laws § 29A-2-205 — SD Code / Title 29A / Chapter 2 / Section 29A-2-205
Decedent's nonprobate transfers to others
Status: in_force

The value of the augmented estate includes the value of the decedent's nonprobate transfers to others, not included under § 29A-2-204 , of any of the following types, in the amount provided respectively for each type of transfer:

(1) Property owned by the decedent immediately before death that passed outside probate at the decedent's death. Property included under this category consists of:

(i) Property over which the decedent alone, immediately before death, held a presently exercisable general power of appointment. The amount included is the value of the property subject to the power, to the extent the property passed at the decedent's death, by exercise, release, lapse, in default, or otherwise, to or for the benefit of any person other than the decedent's estate or surviving spouse.

(ii) The decedent's fractional interest in property held by the decedent in joint tenancy with the right of survivorship. The amount included is the value of the decedent's fractional interest, to the extent the fractional interest passed by right of survivorship at the decedent's death to a surviving joint tenant other than the decedent's surviving spouse.

(iii) The decedent's ownership interest in property or accounts held in POD, TOD, or co - ownership registration with the right of survivorship. The amount included is the value of the decedent's ownership interest, to the extent the decedent's ownership interest passed at the decedent's death to or for the benefit of any person other than the decedent's estate or surviving spouse.

(iv) Proceeds of insurance, including accidental death benefits, on the life of the decedent, if the decedent owned the insurance policy immediately before death or if and to the extent the decedent alone and immediately before death held a presently exercisable general power of appointment over the policy or its proceeds. The amount included is the value of the proceeds, to the extent they were payable at the decedent's death to or for the benefit of any person other than the decedent's estate or surviving spouse.

(2) Property transferred in any of the following forms by the decedent during marriage:

(i) Any irrevocable transfer in which the decedent retained the right to the possession or enjoyment of, or to the income from, the property if and to the extent the decedent's right terminated at or continued beyond the decedent's death. The amount included is the value of the fraction of the property to which the decedent's right related, to the extent the fraction of the property passed outside probate to or for the benefit of any person other than the decedent's estate or surviving spouse.

(ii) Any transfer in which the decedent created a power over income or property, exercisable by the decedent alone or in conjunction with any other person, or exercisable by a nonadverse party, to or for the benefit of the decedent, creditors of the decedent, the decedent's estate, or creditors of the decedent's estate. The amount included with respect to a power over property is the value of the property subject to the power, and the amount included with respect to a power over income is the value of the property that produces or produced the income, to the extent the power in either case was exercisable at the decedent's death to or for the benefit of any person other than the decedent's surviving spouse or to the extent the property passed at the decedent's death, by exercise, release, lapse, in default, or otherwise, to or for the benefit of any person other than the decedent's estate or surviving spouse. If the power is a power over both income and property and the preceding sentence produces different amounts, the amount included is the greater amount.

(3) Property that passed during marriage and during the two - year period immediately preceding the decedent's death as a result of a transfer by the decedent if the transfer was of any of the following types:

(i) Any property that passed as a result of the termination of a right or interest in, or power over, property that would have been included in the augmented estate under paragraph (1)(i), (ii), or (iii), or under paragraph (2), if the right, interest, or power had not terminated until the decedent's death. The amount included is the value of the property that would have been included under those paragraphs if the property were valued at the time the right, interest, or power terminated, and is included only to the extent the property passed upon termination to or for the benefit of any person other than the decedent or the decedent's estate, spouse, or surviving spouse. As used in this subparagraph, "termination," with respect to a right or interest in property, occurs when the right or interest terminated by the terms of the governing instrument or the decedent transferred or relinquished the right or interest, and, with respect to a power over property, occurs when the power terminated by exercise, release, lapse, default, or otherwise, but, with respect to a power described in paragraph (1)(i), "termination" occurs when the power terminated by exercise or release, but not otherwise.

(ii) Any transfer of or relating to an insurance policy on the life of the decedent if the proceeds would have been included in the augmented estate under paragraph (1)(iv) had the transfer not occurred. The amount included is the value of the insurance proceeds to the extent the proceeds were payable at the decedent's death to or for the benefit of any person other than the decedent's estate or surviving spouse.

(iii) Any transfer of property, to the extent not otherwise included in the augmented estate, made to or for the benefit of a person other than the decedent's surviving spouse. The amount included is the value of the transferred property to the extent the aggregate transfers to any one donee in either of the two years exceeded $10,000.

Source: SL 1995, ch 167, § 2-205.
S.D. Codified Laws § 29A-5A-503 — SD Code / Title 29A / Chapter 5A / Section 29A-5A-503
Transitional provision
Status: in_force

(a) This chapter applies to guardianship and protective proceedings begun after June 30, 2011.

(b) The provisions of §§ 29A-5A-101 to 29A-5A-106 , inclusive, and 29A-5A-301 to 29A-5A-502 , inclusive, apply to proceedings begun before July 1, 2011, regardless of whether a guardianship or protective order has been issued.

Source: SL 2011, ch 135, § 504.
S.D. Codified Laws § 29A-3-612 — SD Code / Title 29A / Chapter 3 / Section 29A-3-612
Termination of appointment--Change of testacy status
Status: in_force

Except as otherwise ordered in formal proceedings, the probate of a will subsequent to the appointment of a personal representative in intestacy, the probate of a later - offered will which supersedes the formal probate of another will, or the vacation of an informal probate of a will under which the personal representative was appointed, does not terminate the appointment of the personal representative although the personal representative's powers may be reduced as provided in § 29A-3-401 . Termination occurs upon appointment in informal or formal appointment proceedings of a person entitled to succeed to the appointment under the new testacy status. If no request for new appointment is made within thirty days after expiration of time for appeal from the order in formal testacy proceedings, or from the informal probate, changing the decedent's testacy status, the previously appointed personal representative may continue as personal representative under the subsequently probated will, or in intestacy, as the case may be.

Source: SL 1994, ch 232, § 3-612.
S.D. Codified Laws § 29A-3-405 — SD Code / Title 29A / Chapter 3 / Section 29A-3-405
Formal testacy proceedings--Uncontested cases--Hearings and proof
Status: in_force

If a petition in a testacy proceeding is unopposed, the court may order probate or intestacy on the strength of the pleadings if satisfied that the conditions of § 29A-3-409 have been met, or conduct a hearing in open court and require proof of the matters necessary to support the order sought. If evidence concerning execution of the will is necessary, the affidavit or testimony of one of any attesting witnesses to the instrument, including an affidavit of self - proof executed in compliance with § 29A-2-504 , is sufficient. If the affidavit or testimony of an attesting witness is not available, execution of the will may be proved by other evidence or affidavit.

Source: SL 1994, ch 232, § 3-405; SL 1995, ch 167, § 114.
S.D. Codified Laws § 29A-3-101 — SD Code / Title 29A / Chapter 3 / Section 29A-3-101
Devolution of estate at death; restrictions
Status: in_force

The power of a person to leave property by will, and the rights of creditors, devisees, and heirs to the person's property are subject to the restrictions and limitations contained in this code to facilitate the prompt settlement of estates. Upon the death of a person, that person's real and personal property devolves to the persons to whom it is devised by will or to those indicated as substitutes for them in cases involving lapse, renunciation, or other circumstances affecting the devolution of testate estate, or in the absence of testamentary disposition, to the heirs, or to those indicated as substitutes for them in cases involving renunciation or other circumstances affecting devolution of intestate estates, subject to homestead allowance, exempt property and family allowance, rights of creditors, elective share of the surviving spouse, and administration.

Source: SL 1994, ch 232, § 3-101.
S.D. Codified Laws § 29A-2-504 — SD Code / Title 29A / Chapter 2 / Section 29A-2-504
Self-proved will
Status: in_force

(a) A will may be simultaneously executed, attested, and made self - proved, by acknowledgment thereof by the testator and affidavits of the witnesses, each made before an officer authorized to administer oaths under the laws of the state in which execution occurs and evidenced by the officer's certificate, under official seal, in substantially the following form:

I, ________________, the testator, sign my name to this instrument this ______ day of ____________, and being first duly sworn, do hereby declare to the undersigned authority that I sign and execute this instrument as my will and that I sign it willingly (or willingly direct another to sign for me), that I execute it as my free and voluntary act for the purposes therein expressed, and that I am eighteen years of age or older, of sound mind, and under no constraint or undue influence.

(c) A signature affixed to a self - proving affidavit attached to a will is considered a signature affixed to the will, if necessary to prove the will's due execution.

Source: SL 1995, ch 167, § 2-504.
S.D. Codified Laws § 29A-5-204 — SD Code / Title 29A / Chapter 5 / Section 29A-5-204
Notice of appointment hearing--Exception
Status: in_force

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

At least fourteen days prior to the hearing, the minor, if age ten or older, shall be personally served with a copy of the notice and petition, and the petitioner shall mail a copy of the notice and petition to all entities and individuals age ten or older whose names and post office addresses appear in the petition. The court may order that no notice of hearing need be given if all persons entitled to notice waive notice of hearing and the court determines that it would be in the best interests of the minor and the minor's estate to proceed without notice.

Source: SL 1993, ch 213, § 22; SDCL 30-36-22; SL 1995, ch 167, § 181; SL 1999, ch 146, § 1.
S.D. Codified Laws § 29A-3-108 — SD Code / Title 29A / Chapter 3 / Section 29A-3-108
Probate, testacy, and appointment proceedings--Ultimate time limit
Status: in_force

No informal probate or appointment proceeding or formal testacy or appointment proceeding, other than a proceeding to probate a will previously probated at the testator's domicile and appointment proceedings relating to an estate in which there has been a prior appointment, may be commenced more than three years after the decedent's death, except:

(1) If a previous proceeding was dismissed because of doubt about the fact of the decedent's death, appropriate probate, appointment, or testacy proceedings may be maintained at any time thereafter upon a finding that the decedent's death occurred prior to the initiation of the previous proceeding and the applicant or petitioner has not delayed unduly in initiating the subsequent proceeding;

(2) Appropriate probate, appointment, or testacy proceedings may be maintained in relation to the estate of an absentee for whom a conservator has been appointed, at any time within three years after the conservator becomes able to establish the death of the protected person;

(3) A proceeding to contest an informally probated will and to secure appointment of the person with legal priority for appointment in the event the contest is successful, may be commenced within the later of twelve months from the informal probate or three years from the decedent's death;

(4) An informal or formal appointment or formal testacy proceeding may be commenced thereafter if no proceedings concerning the succession or estate administration have occurred within the three - year period. If proceedings are brought under this exception, the personal representative shall have no right to possess estate assets as provided in § 29A-3-709 beyond that necessary to confirm title thereto in the rightful successors to the estate and no claims other than expenses of administration may be presented against the estate; and

(5) If no informal probate has occurred within three years of the decedent's death, a formal testacy proceeding may be commenced at any time thereafter for the sole purpose of establishing an instrument to direct or control the ownership of property passing or distributable after the decedent's death from one other than the decedent when the property is to be appointed by the terms of the decedent's will or is to pass or be distributed as a part of the decedent's estate or its transfer is otherwise to be controlled by the terms of the decedent's will.

These limitations do not apply to proceedings to construe probated wills or determine heirs of an intestate. In cases under (1) or (2) above, the date on which a testacy or appointment proceeding is properly commenced shall be deemed to be the date of the decedent's death for purposes of other limitations provisions of this code which relate to the date of death.

Source: SL 1994, ch 232, § 3-108.
S.D. Codified Laws § 29A-3-1004 — SD Code / Title 29A / Chapter 3 / Section 29A-3-1004
Liability of distributees to claimants
Status: in_force

After assets of an estate have been distributed and subject to § 29A-3-1006 , an undischarged claim not barred may be prosecuted in a proceeding against one or more distributees. No distributee shall be liable to claimants for amounts received as exempt property, homestead or family allowances, or for amounts in excess of the value of distribution as of the time of distribution. As between distributees, each shall bear the cost of satisfaction of unbarred claims as if the claim had been satisfied in the course of administration. Any distributee who shall have failed to notify other distributees of a demand made by a claimant in sufficient time to permit them to join in any proceeding in which the claim was asserted shall lose the right of contribution against other distributees.

Source: SL 1994, ch 232, § 3-1004.
S.D. Codified Laws § 29A-6-434 — SD Code / Title 29A / Chapter 6 / Section 29A-6-434
Relation to Electronic Signatures in Global and National Commerce Act
Status: in_force

The provisions of this part modify, limit, and supersede the federal Electronic Signatures in Global and National Commerce Act, 15 U.S.C. Section 7001, et seq., but do not modify, limit, or supersede Section 101(c) of that Act, 15 U.S.C. Section 7001(c), or authorize electronic delivery of any of the notices described in Section 103(b) of that Act, 15 U.S.C. Section 7003(b).

Source: SL 2014, ch 133, § 34.
S.D. Codified Laws § 29A-5A-106 — SD Code / Title 29A / Chapter 5A / Section 29A-5A-106
Taking testimony in another state
Status: in_force

(a) In a guardianship or protective proceeding, in addition to other procedures that may be available, testimony of a witness who is located in another state may be offered by deposition or other means allowable in this state for testimony taken in another state. The court on its own motion may order that the testimony of a witness be taken in another state and may prescribe the manner in which and the terms upon which the testimony is to be taken.

(b) In a guardianship or protective proceeding, a court in this state may permit a witness located in another state to be deposed or to testify by telephone or audiovisual or other electronic means. A court of this state shall cooperate with the court of the other state in designating an appropriate location for the deposition or testimony.

(c) Documentary evidence transmitted from another state to a court of this state by technological means that do not produce an original writing may not be excluded from evidence on an objection based on the best evidence rule.

Source: SL 2011, ch 135, § 106.
S.D. Codified Laws § 29A-5-415 — SD Code / Title 29A / Chapter 5 / Section 29A-5-415
Liability of conservator on contracts entered into during administration of estate--Torts--Successor conservator
Status: in_force

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

A conservator is personally liable for obligations arising from ownership or control of property of the estate or for torts committed in the course of administration of the estate only if personally negligent.

Claims based on contracts entered into by a conservator in a fiduciary capacity, obligations arising from ownership or control of the estate, or torts committed in the course of administration of the estate, may be asserted against the estate by proceeding against the conservator in a fiduciary capacity, whether or not the conservator is personally liable.

A successor conservator is not personally liable for the contracts or actions of a predecessor. However, a successor conservator is not immunized from liability for a breach of fiduciary duty committed by a predecessor if the successor learns of the breach and fails to take reasonable corrective action.

Source: SL 1993, ch 213, § 58; SDCL 30-36-58; SL 1995, ch 167, § 181.
S.D. Codified Laws § 29A-6-112 — SD Code / Title 29A / Chapter 6 / Section 29A-6-112
Right of financial institution to setoff--Amount
Status: in_force

Without qualifying any other statutory right to setoff or lien and subject to any contractual provision, if a party to a multiple - party account is indebted to a financial institution, the financial institution has a right to setoff against the account in which the party has or had immediately before his death a present right of withdrawal. The amount of the account subject to setoff is that proportion to which the debtor is, or was immediately before his death, beneficially entitled, and in the absence of proof of net contributions, to an equal share with all parties having present rights of withdrawal.

Source: SL 1987, ch 208, § 12; SDCL 30-23-54; SL 1995, ch 167, § 172.
S.D. Codified Laws § 29A-3-404 — SD Code / Title 29A / Chapter 3 / Section 29A-3-404
Formal testacy proceedings--Written objections to probate
Status: in_force

Any party to a formal proceeding who opposes the probate of a will for any reason shall state in the pleadings his or her objections to the probate.

Source: SL 1994, ch 232, § 3-404.
S.D. Codified Laws § 29A-3-308 — SD Code / Title 29A / Chapter 3 / Section 29A-3-308
Informal appointment proceedings--Proof and findings required
Status: in_force

(a) In informal appointment proceedings, the clerk shall determine whether:

(1) The application for informal appointment of a personal representative 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) Any will to which the requested appointment relates has been formally or informally probated; but this requirement does not apply to the appointment of a special administrator;

(6) Any notice required by § 29A-3-310 has been given;

(7) From the statements in the application, the person whose appointment is sought has priority for appointment.

(b) Unless § 29A-3-612 controls, the application shall be denied if it indicates any of the following:

(1) A personal representative who has not filed a written statement of resignation as provided in § 29A-3-610(c) has been appointed in this or another county of this state;

(2) The decedent was not domiciled in this state, a personal representative whose appointment has not been terminated has been appointed by a court in the state of domicile, and the applicant is not the domiciliary representative or the representative's nominee;

(3) The other requirements of this section have not been met.

Source: SL 1994, ch 232, § 3-308; SL 1995, ch 167, § 108.
S.D. Codified Laws § 29A-2-606 — SD Code / Title 29A / Chapter 2 / Section 29A-2-606
Nonademption of specific devises--Unpaid proceeds of sale, condemnation, or insurance--Sale by conservator or agent
Status: in_force

(a) A specific devisee has a right to the specifically devised property in the testator's estate at death and:

(1) Any balance of the purchase price, together with any security agreement, owing from a purchaser to the testator at death by reason of sale of the property;

(2) Any amount of a condemnation award for the taking of the property unpaid at death;

(3) Any proceeds unpaid at death on fire or casualty insurance on or other recovery for injury to the property;

(4) Property owned by the testator at death and acquired as a result of foreclosure, or obtained in lieu of foreclosure, of the security interest for a specifically devised obligation;

(5) Property owned by the testator at death if it is evident from the circumstances that the testator intended the property to be distributed as a replacement for specifically devised property.

(b) If specifically devised property is sold or mortgaged by a conservator or by an agent acting within the authority of a durable power of attorney for a principal who lacks capacity, or if a condemnation award, insurance proceeds, or recovery for injury to the property are paid to a conservator or to an agent acting within the authority of a durable power of attorney for a principal who lacks capacity, the specific devisee has the right to a general pecuniary devise equal to the net sale price, the amount of the unpaid loan, the condemnation award, the insurance proceeds, or the recovery. The right of a specific devisee under this subsection is reduced by any right the devisee has under subsection (a). For purposes of this subsection, the acts of an agent within the authority of a durable power of attorney are presumed to be for a principal who lacks capacity.

Source: SL 1995, ch 167, § 2-606.
S.D. Codified Laws § 29A-3-608 — SD Code / Title 29A / Chapter 3 / Section 29A-3-608
Termination of appointment--General
Status: in_force

Termination of appointment of a personal representative occurs as provided in §§ 29A-3-609 to 29A-3-612 , inclusive. Termination ends the right and power pertaining to the office of personal representative as conferred by this code or any will, except that a personal representative, at any time prior to distribution or until restrained or enjoined by court order, may perform acts necessary to protect the estate and may deliver the assets to a successor representative. Termination does not discharge a personal representative from liability for transactions or omissions occurring before termination, or relieve the personal representative of the duty to preserve assets subject to the personal representative's control, to account therefor and to deliver the assets. Termination does not affect the jurisdiction of the court over the personal representative, but terminates the personal representative's authority to represent the estate in any pending or future proceeding.

Source: SL 1994, ch 232, § 3-608.
S.D. Codified Laws § 29A-4-202 — SD Code / Title 29A / Chapter 4 / Section 29A-4-202
Payment or delivery discharges
Status: in_force

Payment or delivery made in good faith on the basis of the proof of authority and affidavit releases the debtor or person having possession of the personal property or of the instrument evidencing a debt, obligation, stock, or chose in action to the same extent as if payment or delivery had been made to a local personal representative.

Source: SL 1994, ch 232, § 4-202.
S.D. Codified Laws § 29A-3-709 — SD Code / Title 29A / Chapter 3 / Section 29A-3-709
Duty of personal representative--Possession of estate
Status: in_force

Except as otherwise provided by a decedent's will, every personal representative has a right to, and shall take possession or control of, the decedent's property, except that any real property or tangible personal property may be left with or surrendered to the person presumptively entitled thereto unless or until, in the judgment of the personal representative, possession of the property by the personal representative will be necessary for purposes of administration. The request by a personal representative for delivery of any property possessed by an heir or devisee is conclusive evidence, in any action against the heir or devisee for possession thereof, that the possession of the property by the personal representative is necessary for purposes of administration. The personal representative shall pay taxes on, and take all steps reasonably necessary for the management, protection, and preservation of, the estate in the personal representative's possession. The personal representative may maintain an action to recover possession of property or to determine its title.

Source: SL 1994, ch 232, § 3-709.
S.D. Codified Laws § 29A-6-105 — SD Code / Title 29A / Chapter 6 / Section 29A-6-105
Rights of survivorship determined by form of account at death of party--Alteration of form
Status: in_force

The provisions of § 29A-6-104 as to rights of survivorship are determined by the form of the account at the death of a party. This form may be altered by written order given by a party to the financial institution to change the form of the account or to stop or vary payment under the terms of the account. The order or request shall be signed by a party, received by the financial institution during the party's lifetime, and not countermanded by other written order of the same party during his lifetime.

Source: SL 1987, ch 208, § 5; SDCL 30-23-47; SL 1995, ch 167, § 172.
S.D. Codified Laws § 29A-3-805 — SD Code / Title 29A / Chapter 3 / Section 29A-3-805
Classification of claims
Status: in_force

(a) If the applicable assets of the estate are insufficient to pay all claims in full, the personal representative shall make payment in the following order:

(1) Costs and expenses of administration;

(2) Reasonable funeral expenses;

(3) Debts and taxes with preference under federal law;

(4) Debts and taxes with preference under other laws of this state;

(5) All other claims.

(b) No preference shall be given in the payment of any claim over any other claim of the same class, and a claim due and payable shall not be entitled to a preference over claims not due.

Source: SL 1994, ch 232, § 3-805.
S.D. Codified Laws § 29A-6-104 — SD Code / Title 29A / Chapter 6 / Section 29A-6-104
Rights of survivorship upon death of party to joint account, P.O.D
Status: in_force

(1) Sums remaining on deposit at the death of a party to a joint account belong to the surviving party or parties as against the estate of the decedent unless there is clear and convincing evidence of a different intention at the time the account is created. If there are two or more surviving parties, their respective ownerships during lifetime shall be in proportion to their previous ownership interests under § 29A-6-103 augmented by an equal share for each survivor of any interest the decedent may have owned in the account immediately before his death, and the right of survivorship continues between the surviving parties.

(2) If the account is a P.O.D. account:

(a) On death of one or two or more original payees the rights to any sums remaining on deposit are governed by subsection (1);

(b) On death of the sole original payee or of the survivor of two or more original payees, any sums remaining on deposit belong to the P.O.D. payee or payees if surviving, or to the survivor of them if one or more die before the original payee; if two or more P.O.D. payees survive, there is no right of survivorship in the event of death of a P.O.D. payee thereafter unless the terms of the account or deposit agreement expressly provide for survivorship between them.

(3) If the account is a trust account, on the death of one of two or more trustees, the rights to any sums remaining on deposit are governed by subsection (1). However, on the death of the sole trustee or the survivor of two or more trustees, any sums remaining on deposit belong to the person or persons named as beneficiaries, if surviving, or to the survivor of them if one or more die before the trustee, unless there is clear evidence of a contrary intent; if two or more beneficiaries survive, there is no right of survivorship in the event of the death of any beneficiary thereafter unless the terms of the account or deposit agreement expressly provide for survivorship between them.

(4) In other cases, the death of any party to a multiple - party account has no effect on beneficial ownership of the account other than to transfer the rights of the decedent as part of his estate.

(5) A right of survivorship arising from the express terms of the account or under this section or a beneficiary designation in a trust account or a P.O.D. payee designation cannot be changed by will, unless the will expressly provides that the terms of the account should be changed or modified.

Source: SL 1987, ch 208, § 4; SL 1990, ch 221; SL 1991, ch 230, § 1D; SDCL 30-23-46; SL 1995, ch 167, § 172.
S.D. Codified Laws § 29A-2-701 — SD Code / Title 29A / Chapter 2 / Section 29A-2-701
Scope
Status: in_force

In the absence of a finding of a contrary intention, the rules of construction in this part control the construction of a governing instrument. The rules of construction in this part apply to a governing instrument of any type, except as the application of a particular section is limited by its terms to a specific type or types of provision or governing instrument.

Source: SL 1995, ch 167, § 2-701.
S.D. Codified Laws § 29A-2-212 — SD Code / Title 29A / Chapter 2 / Section 29A-2-212
Right of election personal to surviving spouse
Status: in_force

The right of election may be exercised either by the surviving spouse or by the surviving spouse's conservator or agent under the authority of a power of attorney, or if the surviving spouse dies prior to the expiration of the time for making an election under § 29A-2-211 , by the surviving spouse's personal representative.

Source: SL 1995, ch 167, § 2-212.
S.D. Codified Laws § 29A-5-501 — SD Code / Title 29A / Chapter 5 / Section 29A-5-501
Termination of guardian's or conservator's appointment--Liability for prior acts
Status: in_force

A guardian's or conservator's appointment terminates upon the death, resignation or removal of the guardian or conservator or upon the termination of the guardianship or conservatorship. A termination of an appointment does not affect the liability of a guardian or conservator for prior acts or the responsibility of a conservator to account for the minor's or protected person's estate.

Source: SL 1993, ch 213, § 64; SDCL 30-36-64 ; SL 1995, ch 167, § 181.
S.D. Codified Laws § 29A-1-304 — SD Code / Title 29A / Chapter 1 / Section 29A-1-304
Practice in court
Status: in_force

Unless specifically provided to the contrary in this code or unless inconsistent with its provisions, the rules of civil procedure, including the rules concerning vacation of orders and appellate review, govern formal proceedings under this code.

Source: SL 1995, ch 167, § 1-304.
S.D. Codified Laws § 29A-5A-204 — SD Code / Title 29A / Chapter 5A / Section 29A-5A-204
Special jurisdiction
Status: in_force

(a) A court of this state lacking jurisdiction under § 29A-5A-203 has special jurisdiction to do any of the following:

(1) Appoint a temporary guardian pursuant to § 29A-5-315 in an emergency for a term not exceeding ninety days for a respondent who is physically present in this state unless extended by the court for up to an additional ninety days for good cause shown;

(2) Issue a protective order with respect to real or tangible personal property located in this state;

(3) Appoint a guardian or conservator for the protected person for whom a provisional order to transfer the proceeding from another state has been issued under procedures similar to § 29A-5A-301 .

(b) If a petition for the appointment of a guardian in an emergency is brought in this state and this state was not the respondent's home state on the date the petition was filed, the court shall dismiss the proceeding at the request of the court of the home state, if any, whether dismissal is requested before or after the emergency appointment.

Source: SL 2011, ch 135, § 204.
S.D. Codified Laws § 29A-3-711 — SD Code / Title 29A / Chapter 3 / Section 29A-3-711
Powers of personal representatives--In general
Status: in_force

Until termination of an appointment, a personal representative has the same power over the title to property of the estate that an absolute owner would have, in trust however, for the benefit of the creditors and others interested in the estate. This power may be exercised without notice, hearing, or order of court.

Source: SL 1994, ch 232, § 3-711.
S.D. Codified Laws § 29A-3-109 — SD Code / Title 29A / Chapter 3 / Section 29A-3-109
Statutes of limitation on decedent's cause of action
Status: in_force

The running of any statute of limitations on a cause of action belonging to a decedent which has not been barred as of the date of death is suspended for one year following the decedent's death but resumes thereafter unless otherwise tolled.

Source: SL 1994, ch 232, § 3-109.
S.D. Codified Laws § 29A-3-504 — SD Code / Title 29A / Chapter 3 / Section 29A-3-504
Supervised administration--Powers of personal representative
Status: in_force

Unless restricted by the court, a supervised personal representative has, without interim orders approving exercise of a power, all powers of personal representatives under this code, but a supervised personal representative shall not exercise the power to make any distribution of the estate without prior order of the court. Any other restriction on the power of a personal representative which may be ordered by the court shall be endorsed on the letters of appointment and, unless so endorsed, is ineffective as to persons dealing in good faith with the personal representative.

Source: SL 1994, ch 232, § 3-504.
S.D. Codified Laws § 29A-5-424 — SD Code / Title 29A / Chapter 5 / Section 29A-5-424
Good cause factors for restricting interaction
Status: in_force

A court may issue an order restricting the communications, visitations, or interactions that the other person may have with a protected person upon a showing of good cause by a guardian or conservator. In determining whether to issue an order, a court shall consider the following factors:

(1) Whether any protective order has been issued to protect the protected person from the other person;

(2) Whether the other person has been charged with abuse, neglect, or financial exploitation of the protected person;

(3) Whether the protected person has expressed a desire to communicate, visit, or interact with the other person or has expressed a desire not to communicate, visit, or interact with the other person;

(4) If the protected person is unable to communicate, whether a properly executed living will, durable power of attorney, or advance directive contains a preference by the protected person with regard to the other person's communication, visitation, or interaction with the protected person; and

(5) Any other factor deemed relevant by the court.

Source: SL 2016, ch 150, § 4.
S.D. Codified Laws § 29A-2-703 — SD Code / Title 29A / Chapter 2 / Section 29A-2-703
Choice of law as to meaning and effect of governing instrument
Status: in_force

The meaning and legal effect of a governing instrument is determined by the local law of the state selected by the transferor in the governing instrument, unless the application of that law is contrary to the provisions relating to the elective share described in Part 2, the provisions relating to exempt property and allowances described in Part 4, or any other public policy of this state otherwise applicable to the disposition.

Source: SL 1995, ch 167, § 2-703.
S.D. Codified Laws § 29A-6-310 — SD Code / Title 29A / Chapter 6 / Section 29A-6-310
Terms, conditions, and forms for registration
Status: in_force

(a) A registering entity offering to accept registrations in beneficiary form may establish the terms and conditions under which it will receive requests (i) for registrations in beneficiary form, and (ii) for implementation of registrations in beneficiary form, including requests for cancellation of previously registered TOD beneficiary designations and requests for reregistration to effect a change of beneficiary. The terms and conditions so established may provide for proving death, avoiding or resolving any problems concerning fractional shares, designating primary and contingent beneficiaries, and substituting a named beneficiary's descendants to take in the place of the named beneficiary in the event of the beneficiary's death. Substitution may be indicated by appending to the name of the primary beneficiary the letters LDPS, standing for "lineal descendants per stirpes." This designation substitutes a deceased beneficiary's descendants who survive the owner for a beneficiary who fails to so survive, the descendants to be identified and to share in accordance with the law of the beneficiary's domicile at the owner's death governing inheritance by descendants of an intestate. Other forms of identifying beneficiaries who are to take on one or more contingencies, and rules for providing proofs and assurances needed to satisfy reasonable concerns by registering entities regarding conditions and identities relevant to accurate implementation of registrations in beneficiary form, may be contained in a registering entity's terms and conditions.

(b) The following are illustrations of registrations in beneficiary form which a registering entity may authorize:

(1) Sole owner - sole beneficiary: John S Brown TOD (or POD) John S Brown Jr.

(2) Multiple owners - sole beneficiary: John S Brown Mary B Brown JT TEN TOD John S Brown Jr.

(3) Multiple owners - primary and secondary (substituted) beneficiaries: John S Brown Mary B Brown JT TEN TOD John S Brown Jr SUB BENE Peter Q Brown or John S Brown Mary B Brown JT TEN TOD John S Brown Jr LDPS.

Source: SL 1995, ch 168, § 6-310.
S.D. Codified Laws § 29A-3-201 — SD Code / Title 29A / Chapter 3 / Section 29A-3-201
Venue for first and subsequent estate proceedings--Location of property
Status: in_force

(a) Venue for the first informal or formal testacy or appointment proceedings after a decedent's death is:

(1) In the county where the decedent was domiciled at the time of death; or

(2) If the decedent was not domiciled in this state, in any county where property of the decedent was located at the time of death.

(b) Venue for all subsequent proceedings within the exclusive jurisdiction of the court is in the place where the initial proceeding occurred, unless the initial proceeding has been transferred as provided in § 29A-1-303 or (c) of this section.

(c) If the first proceeding was informal, on application of an interested person and after notice to the proponent in the first proceeding, the court, upon finding that venue is elsewhere, may transfer the proceeding and the file to the other court.

(d) For the purpose of aiding determinations concerning location of assets which may be relevant in cases involving nondomiciliaries, a debt, other than one evidenced by investment or commercial paper or other instrument in favor of a nondomiciliary is located where the debtor resides or, if the debtor is a person other than an individual, at the place where it has its principal office. Commercial paper, investment paper, and other instruments are located where the instrument is. An interest in property held in trust is located where the trustee may be sued.

Source: SL 1994, ch 232, § 3-201.
S.D. Codified Laws § 29A-4-302 — SD Code / Title 29A / Chapter 4 / Section 29A-4-302
Jurisdiction by act of decedent
Status: in_force

In addition to jurisdiction conferred by § 29A-4-301 , a foreign personal representative is subject to the jurisdiction of the courts of this state to the same extent that the decedent was subject to jurisdiction immediately prior to death.

Source: SL 1994, ch 232, § 4-302.
S.D. Codified Laws § 29A-6-409 — SD Code / Title 29A / Chapter 6 / Section 29A-6-409
Notice, delivery, acceptance, consideration not required
Status: in_force

A transfer on death deed is effective without:

(1) Notice or delivery to or acceptance by the designated beneficiary during the transferor's life; or

(2) Consideration.

Source: SL 2014, ch 133, § 9.
S.D. Codified Laws § 29A-3-1007 — SD Code / Title 29A / Chapter 3 / Section 29A-3-1007
Certificate discharging liens securing fiduciary performance
Status: in_force

After the appointment has terminated, the personal representative, the sureties on the personal representative's bond, or any successor of either, upon the filing of a verified application showing, so far as is known by the applicant, that no action concerning the estate is pending in any court, is entitled to receive a certificate from the clerk that the personal representative appears to have fully administered the estate in question. The certificate evidences discharge of any lien on any property given to secure the obligation of the personal representative in lieu of bond or any surety, but does not preclude action against the personal representative or the surety.

Source: SL 1994, ch 232, § 3-1007; SL 1995, ch 167, § 135.
S.D. Codified Laws § 29A-3-501 — SD Code / Title 29A / Chapter 3 / Section 29A-3-501
Supervised administration--Nature of proceeding
Status: in_force

Supervised administration is a single in rem proceeding to secure complete administration and settlement of a decedent's estate under the continuing authority of the court, which extends until entry of an order approving distribution of the estate and discharging the personal representative or other order terminating the proceeding. A supervised personal representative is responsible to the court, as well as to interested persons, and is subject to directions concerning the estate made by the court on its own motion or on the motion of the personal representative or any other interested person. Except as otherwise provided in this part, or as otherwise ordered by the court, a supervised personal representative has the same duties and powers as a personal representative who is not supervised.

Source: SL 1994, ch 232, § 3-501.
S.D. Codified Laws § 29A-3-816 — SD Code / Title 29A / Chapter 3 / Section 29A-3-816
Final distribution to domiciliary representative
Status: in_force

The estate of a nonresident decedent being administered by a personal representative appointed in this state shall, if there is a personal representative of the decedent's domicile willing to receive it, be distributed to the domiciliary personal representative for the benefit of the successors of the decedent unless (1) by virtue of the decedent's will, if any, and applicable choice of law rules, the successors are identified pursuant to the local law of this state without reference to the local law of the decedent's domicile; (2) the personal representative of this state, after reasonable inquiry, is unaware of the existence or identity of a domiciliary personal representative; or (3) the court orders otherwise in a proceeding for a closing order under § 29A-3-1001 or incident to the closing of a supervised administration. In other cases, distribution of the estate of a decedent shall be made in accordance with the other parts of this chapter.

Source: SL 1994, ch 232, § 3-816; SL 1995, ch 167, § 129.
S.D. Codified Laws § 29A-1-104 — SD Code / Title 29A / Chapter 1 / Section 29A-1-104
Severability
Status: in_force

If any provision of this code or the application thereof to any person or circumstances is held invalid, the invalidity shall not affect other provisions or applications of the code which can be given effect without the invalid provision or application, and to this end the provisions of this code are severable.

Source: SL 1995, ch 167, § 1-104.
S.D. Codified Laws § 29A-2-710 — SD Code / Title 29A / Chapter 2 / Section 29A-2-710
Worthier-title doctrine abolished
Status: in_force

The doctrine of worthier title does not exist in this state either as a rule of law or as a rule of construction. Language in a governing instrument describing the beneficiaries of a disposition as the transferor's "heirs," "heirs at law," "next of kin," "distributees," "relatives," or "family," or language of similar import, does not create or presumptively create a reversionary interest in the transferor.

Source: SL 1995, ch 167, § 2-710.
S.D. Codified Laws § 29A-4-205 — SD Code / Title 29A / Chapter 4 / Section 29A-4-205
Powers
Status: in_force

A domiciliary foreign personal representative, who has complied with § 29A-4-204 , may exercise as to assets in this state all powers of a local personal representative and may maintain actions and proceedings in this state subject to any conditions imposed upon nonresident parties generally, except that no will is effective to prove the transfer of any property unless admitted to probate in a local proceeding, and a bank or trust company shall not have the authority to act unless qualified to do trust business or exercise trust powers in this state.

Source: SL 1994, ch 232, § 4-205; SL 1995, ch 167, § 141.
S.D. Codified Laws § 29A-5-307 — SD Code / Title 29A / Chapter 5 / Section 29A-5-307
Filing financial statement of protected person
Status: in_force

Prior to the hearing on the petition, the petitioner shall file a statement of the financial resources of the person alleged to need protection which shall, to the extent known, list the approximate value of the real and personal estate and the anticipated annual gross income and other receipts.

Source: SL 1993, ch 213, § 35; SDCL 30-36-35; SL 1995, ch 167, § 181; SL 2006, ch 153, § 4.
S.D. Codified Laws § 29A-3-1008 — SD Code / Title 29A / Chapter 3 / Section 29A-3-1008
Subsequent administration
Status: in_force

If other property of the estate is discovered after an estate has been settled and the personal representative discharged or after one year after a closing statement has been filed, the court, upon petition of any interested person and upon notice as it directs, may appoint the same or a successor personal representative to administer the subsequently discovered estate. If a new appointment is made, unless the court orders otherwise, the provisions of this code apply as appropriate, but no claim previously barred may be asserted in the subsequent administration.

Source: SL 1994, ch 232, § 3-1008; SL 2002, ch 139, § 1; SL 2008, ch 144, § 1.
S.D. Codified Laws § 29A-5-312 — SD Code / Title 29A / Chapter 5 / Section 29A-5-312
Hearing for alleged person in need of protection--Duty of jury--Duty of court
Status: in_force

The hearing on the petition to appoint a guardian or conservator may be held at such convenient place as the court directs, including the place where the person alleged to need protection is located. The hearing may be closed to the public on the request of the person alleged to need protection, the person's attorney, or on the court's own motion. 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 best interests of the person alleged to need protection.

The person alleged to need protection is entitled to attend the hearing, to oppose the petition, to be represented by an attorney of his own choice, to demand a jury trial, to present evidence, to compel the attendance of witnesses and to confront and cross - examine all witnesses. If present at the hearing and if not represented by an attorney, the court shall orally inform the person alleged to need protection of these rights, of the contents of the petition, and of the nature, purpose, and legal effect of the appointment of a guardian or conservator.

The sole responsibility of the jury, if requested, shall be to determine whether the person alleged to need protection is a person for whom a guardian or conservator may be appointed. The standard of proof to be applied in determining whether the person alleged to need protection is a person for whom a guardian or conservator may be appointed shall be that of clear and convincing evidence.

The determination as to whether a guardian or conservator will be appointed, the type thereof, and the specific areas of protection, management and assistance to be granted, shall be for the court alone to decide. In making that determination, the court shall consider the suitability of the proposed guardian or conservator, the limitations of the person alleged to need protection, the development of the person's maximum feasible self - reliance and independence, the availability of less restrictive alternatives, and the extent to which it is necessary to protect the person from neglect, exploitation, or abuse.

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

Source: SL 1993, ch 213, § 40; SDCL 30-36-40; SL 1995, ch 167, § 181.
S.D. Codified Laws § 29A-2-709 — SD Code / Title 29A / Chapter 2 / Section 29A-2-709
Distribution by representation or per stirpes
Status: in_force

(a) If a governing instrument calls for property to be distributed "by representation" or "per stirpes," the property is divided into as many equal shares as there are (i) children of the designated ancestor who survived the distribution date, if any, and (ii) children of the designated ancestor who failed to survive the distribution date but who left descendants who survived the distribution date. Each surviving child is allocated one share. The share of each child who failed to survive the distribution date but who left descendants who survived the distribution date is allocated in the same manner, with subdivision repeating at each succeeding generation until the share is fully allocated among surviving descendants.

(b) For purposes of this section, "distribution date" means the time when the interest is to take effect in possession or enjoyment.

Source: SL 1995, ch 167, § 2-709.
S.D. Codified Laws § 29A-3-703 — SD Code / Title 29A / Chapter 3 / Section 29A-3-703
General duties--Relation and liability to persons interested in estate--Standing to sue
Status: in_force

(a) A personal representative is a fiduciary who, except as otherwise provided in the will, shall observe the standards of care in dealing with the estate assets that would be observed by a prudent person dealing with the property of another. A personal representative is under a duty to settle and distribute the estate of the decedent in accordance with the terms of any probated and effective will and this code, and as expeditiously and efficiently as is consistent with the best interests of the estate. A personal representative shall use the authority conferred by this code, the terms of the will, if any, and any order in proceedings to which the personal representative is party for the best interests of the estate.

(b) A personal representative shall not be surcharged for acts of administration or distribution if the conduct in question was authorized at the time. Subject to other obligations of administration, an informally probated will is authority to administer and distribute the estate according to its terms. An order of appointment of a personal representative, whether issued in informal or formal proceedings, is authority to distribute apparently intestate assets to the heirs of the decedent if, at the time of distribution, the personal representative is not aware of a pending testacy proceeding, a proceeding to vacate an order entered in an earlier testacy proceeding, a formal proceeding questioning the appointment or fitness to continue, or a supervised administration proceeding. Nothing in this section affects the duty of the personal representative to administer and distribute the estate in accordance with the rights of claimants, the surviving spouse, any minor and dependent children, and any pretermitted child of the decedent as described elsewhere in this code.

(c) Except as to proceedings which do not survive the death of the decedent, a personal representative of a decedent domiciled in this state at death has the same standing to sue and be sued in the courts of this state and the courts of any other jurisdiction as the decedent had immediately prior to death.

Source: SL 1994, ch 232, § 3-703.
S.D. Codified Laws § 29A-2-109 — SD Code / Title 29A / Chapter 2 / Section 29A-2-109
Advancements
Status: in_force

(a) If an individual dies intestate as to all or a portion of that individual's estate, property the decedent gave during the decedent's lifetime to an individual who, at the decedent's death, is an heir is treated as an advancement against the heir's intestate share only if (i) the decedent declared in a writing or the heir acknowledged in writing that the gift is an advancement or (ii) the decedent's writing or the heir's written acknowledgment otherwise indicates that the gift is to be taken into account in computing the division and distribution of the decedent's intestate estate.

(b) For purposes of subsection (a), property advanced is valued as of the time the heir came into possession or enjoyment of the property or as of the time of the decedent's death, whichever first occurs.

(c) If the recipient of the property fails to survive the decedent, the property is not taken into account in computing the division and distribution of the decedent's intestate estate, unless the decedent's writing provides otherwise.

Source: SL 1995, ch 167, § 2-109.
S.D. Codified Laws § 29A-5-406 — SD Code / Title 29A / Chapter 5 / Section 29A-5-406
Protective arrangements for minors or protected persons
Status: in_force

Upon petition therefor, the court may authorize a conservator to enter into a protective arrangement, to disburse the estate of the minor or protected person, and to petition for termination of the conservatorship. Protective arrangements include but are not limited to payment, delivery, deposit, or retention of funds or property; sale, mortgage, lease, or other transfer of property; entry into an annuity contract, a contract for life care, a deposit contract, or a contract for training and education; and the addition to or establishment of a suitable trust.

Source: SL 1993, ch 213, § 49; SDCL 30-36-49; SL 1995, ch 167, § 181.
S.D. Codified Laws § 29A-2-204 — SD Code / Title 29A / Chapter 2 / Section 29A-2-204
Decedent's net probate estate
Status: in_force

The value of the augmented estate includes the value of the decedent's probate estate, reduced by funeral and administration expenses, homestead allowance, family allowances, exempt property, and enforceable claims.

Source: SL 1995, ch 167, § 2-204.
S.D. Codified Laws § 29A-5-106 — SD Code / Title 29A / Chapter 5 / Section 29A-5-106
Application of chapter to person other than parent seeking custody of child--Limitations--Effect of chapter on other law
Status: in_force

Custody of a child may be sought by a person other than the parent under this chapter and the substantive law of this state. A person other than the parent may not use this chapter to seek custody if a proceeding is pending pursuant to chapter 25-3 , 25-4 , 25-5A , 25-6 , 25-8 , 26-7A , 26-8A , 26-8B , or 26-8C , or if the child is subject to the continuing jurisdiction of another court. Nothing in this chapter affects the provisions of chapters 25-4 , 25-5 , 25-5A , 25-6 , 25-8 , 26-7A , 26-8A , 26-8B , and 26-8C relating to the appointment of guardians and conservators and the administration of guardianships and conservatorships for children who have been adjudicated to be delinquent, abused, neglected, or in need of supervision. Nor may anything in this chapter affect the provisions of Title 27A, relating to individuals with mental illnesses. In the event of any inconsistency or conflict, the provisions of chapters 25-4 , 25-5 , 25-5A , 25-6 , 25-8 , 26-7A , 26-8A , 26-8B , and 26-8C or of Title 27A shall control, and the provisions of this chapter are in all respects to be supplementary thereto. A petition pursuant to this chapter seeking custody by a person other than the parent shall be dismissed if an action concerning the child is filed pursuant to chapter 26-7A , 26-8A , 26-8B , or 26-8C . If, while a guardianship petition pursuant to this chapter seeking custody by a person other than the parent is pending, an action is commenced pursuant to chapter 25-4 , 25-5 , 25-5A , 25-6 , or 25-8 , the court may, in its discretion, dismiss the guardianship proceeding and defer the child custody matter to the other proceeding or considering the stage of the proceedings, judicial economy, and best interests of the child, retain jurisdiction and establish the guardianship, or enter an appropriate protection order pending resolution of the pending proceedings.

Source: SL 1993, ch 213, § 6; SDCL 30-36-6; SL 1995, ch 167, § 181; SL 2002, ch 140, § 1.
S.D. Codified Laws § 29A-3-107 — SD Code / Title 29A / Chapter 3 / Section 29A-3-107
Scope of proceedings--Proceedings independent--Exception
Status: in_force

Unless supervised administration as described in Part 5 is involved, each proceeding before the court or clerk is independent of any other proceeding involving the same estate; and petitions for formal orders of the court may combine various requests for relief in a single proceeding if the orders sought may be finally granted without delay. Except as required for proceedings which are particularly described by other sections of this article, no petition is defective because it fails to embrace all matters which might then be the subject of a final order; a proceeding for probate of a will or an adjudication that a decedent left no valid will may be combined with a proceeding for appointment of a personal representative; and a proceeding for appointment of a personal representative is concluded by an order making or declining the appointment.

Source: SL 1994, ch 232, § 3-107; SL 1995, ch 167, § 101.
S.D. Codified Laws § 29A-3-410 — SD Code / Title 29A / Chapter 3 / Section 29A-3-410
Formal testacy proceedings--Probate of more than one instrument
Status: in_force

If two or more instruments are offered for probate before a final order is entered in a formal testacy proceeding, more than one instrument may be probated if neither expressly revokes the other or contains provisions which work a total revocation by implication. If more than one instrument is probated, the order shall indicate what provisions control in respect to the nomination of a personal representative, if any. The order may, but need not, indicate how any provisions of a particular instrument are affected by the other instrument. After a final order in a testacy proceeding has been entered, no petition for probate of any other instrument of the decedent may be entertained, except incident to a petition to vacate or modify a previous probate order and subject to the time limits of § 29A-3-412 .

Source: SL 1994, ch 232, § 3-410.
S.D. Codified Laws § 29A-4-204 — SD Code / Title 29A / Chapter 4 / Section 29A-4-204
Proof of authority-bond
Status: in_force

If no local administration or application or petition therefor is pending in this state, a domiciliary foreign personal representative may file with a court in this state in a county in which property belonging to the decedent is located, certified copies of the appointment and of any official bond.

Source: SL 1994, ch 232, § 4-204; SL 1995, ch 167, § 140.