reglab/housing_qa huggingface dataset:
SD Codified L § 29A-6-103 (2021)
2021 South Dakota Codified Laws|Title 29A - Uniform Probate Code|Chapter 06 - Non-Probate Transfers|Section 29A-6-103 - Ownership of joint account, P.O.D.

29A-6-103.Ownership of joint account, P.O.D.(1) A joint account belongs, during the lifetime of all parties, to the parties in proportion to the net contributions by each to the sums on deposit, unless there is clear and convincing evidence of a different intent.(2) A P.O.D. account belongs to the original payee during his lifetime and not to the P.O. D. payee or payees; if two or more parties are named as original payees, during their lifetimes rights as between them are governed by subsection (1) of this section.(3) Unless a contrary intent is manifested by the terms of the account or the deposit agreement or there is other clear and convincing evidence of an irrevocable trust, a trust account belongs beneficially to the trustee during his lifetime, and if two or more parties are named as trustee on the account, during their lifetimes beneficial rights as between them are governed by this section. If there is an irrevocable trust, the account belongs beneficially to the beneficiary. Source: SL 1987, ch 208, §3; SL 1991, ch 230, §1C; SDCL 30-23-45; SL 1995, ch 167, §172.
SD Codified L § 29A-6-104 (2021)
2021 South Dakota Codified Laws|Title 29A - Uniform Probate Code|Chapter 06 - Non-Probate Transfers|Section 29A-6-104 - Rights of survivorship upon death of party to joint account, P.O.D.

29A-6-104.Rights of survivorship upon death of party to joint account, P.O. D.(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.
SD Codified L § 29A-6-105 (2021)
2021 South Dakota Codified Laws|Title 29A - Uniform Probate Code|Chapter 06 - Non-Probate Transfers|Section 29A-6-105 - Rights of survivorship determined by form of account at death of party--Alteration of form.

29A-6-105. Rights of survivorship determined by form of account at death of party--Alteration of form.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.
SD Codified L § 29A-6-106 (2021)
2021 South Dakota Codified Laws|Title 29A - Uniform Probate Code|Chapter 06 - Non-Probate Transfers|Section 29A-6-106 - Effectiveness of transfers--Not considered testamentary.

29A-6-106. Effectiveness of transfers--Not considered testamentary.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.
SD Codified L § 29A-6-107 (2021)
2021 South Dakota Codified Laws|Title 29A - Uniform Probate Code|Chapter 06 - Non-Probate Transfers|Section 29A-6-107 - Payment to surviving party from multiple-party account--Liability for debts and expenses of administration--Procedure--Liability of financial institution.

29A-6-107. Payment to surviving party from multiple-party account--Liability for debts and expenses of administration--Procedure--Liability of financial institution.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.
SD Codified L § 29A-6-108 (2021)
2021 South Dakota Codified Laws|Title 29A - Uniform Probate Code|Chapter 06 - Non-Probate Transfers|Section 29A-6-108 - Financial institution as party to multiple-party accounts.

29A-6-108. Financial institution as party to multiple-party accounts.Any financial institution may enter into multiple-party accounts to the same extent that they may enter into single-party accounts. Any multiple-party account may be paid, on request, to any one or more of the parties. No financial institution may be required to inquire as to the source of funds received for deposit to a multiple-party account or to inquire as to the proposed application of any sum withdrawn from an account for purposes of establishing net contributions. Source: SL 1987, ch 208, §8; SDCL 30-23-50; SL 1995, ch 167, §172.
SD Codified L § 29A-6-109 (2021)
2021 South Dakota Codified Laws|Title 29A - Uniform Probate Code|Chapter 06 - Non-Probate Transfers|Section 29A-6-109 - Payments from joint account to party, personal representative or heirs.

29A-6-109. Payments from joint account to party, personal representative or heirs.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.
SD Codified L § 29A-6-110 (2021)
2021 South Dakota Codified Laws|Title 29A - Uniform Probate Code|Chapter 06 - Non-Probate Transfers|Section 29A-6-110 - Payment from trust account to trustee, personal representative, heirs or beneficiary.

29A-6-110. Payment from trust account to trustee, personal representative, heirs or beneficiary.Any trust account may be paid, on request, to any trustee. Unless the financial institution has received written notice that the beneficiary has a vested interest not dependent upon his surviving the trustee, payment may be made to the personal representative or heirs of a deceased trustee if proof of death is presented to the financial institution showing that his decedent was the survivor of all other persons named on the account either as trustee or beneficiary. Payment may be made, on request, to the beneficiary upon presentation to the financial institution of proof of death showing that the beneficiary or beneficiaries survived all persons named as trustees. Source: SL 1987, ch 208, §10; SL 1992, ch 88, §11; SL 1993, ch 94, §5; SDCL 30-23-52; SL 1995, ch 167, §172.
SD Codified L § 29A-6-111 (2021)
2021 South Dakota Codified Laws|Title 29A - Uniform Probate Code|Chapter 06 - Non-Probate Transfers|Section 29A-6-111 - Financial institution discharged from claims--Exception where notice given.

29A-6-111. Financial institution discharged from claims--Exception where notice given.Payment made pursuant to §29A-6-108, 29A-6-109, 29A-6-110, or 29A-6-114, discharges the financial institution from all claims for amounts so paid whether or not the payment is consistent with the beneficial ownership of the account as between parties, or beneficiaries, or their successors. The protection here given does not extend to payments made after a financial institution has received written notice from any party able to request present payment to the effect that withdrawals in accordance with the terms of the account should not be permitted. Unless the notice is withdrawn by the person giving it, the successor of any deceased party shall concur in any demand for withdrawal if the financial institution is to be protected under this section. No other notice or any other information shown to have been available to a financial institution effects its right to the protection provided here. The protection here provided has no bearing on the rights of parties in disputes between themselves or their successors concerning the beneficial ownership of funds in, or withdrawn from, multiple-party accounts. Source: SL 1987, ch 208, §11; SL 1991, ch 230, §1F; SDCL 30-23-53; SL 1995, ch 167, §172.
SD Codified L § 29A-6-112 (2021)
2021 South Dakota Codified Laws|Title 29A - Uniform Probate Code|Chapter 06 - Non-Probate Transfers|Section 29A-6-112 - Right of financial institution to setoff--Amount.

29A-6-112. Right of financial institution to setoff--Amount.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.
SD Codified L § 29A-6-113 (2021)
2021 South Dakota Codified Laws|Title 29A - Uniform Probate Code|Chapter 06 - Non-Probate Transfers|Section 29A-6-113 - Provisions deemed nontestamentary--Rights of creditors not limited.

29A-6-113. Provisions deemed nontestamentary--Rights of creditors not limited.(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.
SD Codified L § 29A-6-114 (2021)
2021 South Dakota Codified Laws|Title 29A - Uniform Probate Code|Chapter 06 - Non-Probate Transfers|Section 29A-6-114 - Payment of P.O.D.

29A-6-114.Payment of P.O.D.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.
SD Codified L § 29A-6-301 (2021)
2021 South Dakota Codified Laws|Title 29A - Uniform Probate Code|Chapter 06 - Non-Probate Transfers|Section 29A-6-301 - Definitions.

29A-6-301. Definitions.In this part:(1)"Beneficiary form," means a registration of a security which indicates the present owner of the security and the intention of the owner regarding the person who will become the owner of the security upon the death of the owner;(2)"Register," including its derivatives, means to issue a certificate showing the ownership of a certificated security or, in the case of an uncertificated security, to initiate or transfer an account showing ownership of securities;(3)"Registering entity," means a person who originates or transfers a security title by registration, and includes a broker maintaining security accounts for customers and a transfer agent or other person acting for or as an issuer of securities;(4)"Security," means a share, participation, or other interest in property, in a business, or in an obligation of an enterprise or other issuer, and includes a certificated security, an uncertificated security, and a security account;(5)"Security account," means (i) a reinvestment account associated with a security, a securities account with a broker, a cash balance in a brokerage account, cash, cash equivalents, interest, earnings, or dividends earned or declared on a security in an account, a reinvestment account, or a brokerage account, whether or not credited to the account before the owner's death; (ii) an investment management or custody account with a trust company or a trust division of a bank with trust powers, including the securities in the account, a cash balance in the account, and cash, cash equivalents, interest, earnings, or dividends earned or declared on the security in the account, whether or not credited to the account before the owner's death; or (iii) a cash balance or other property held for or due to the owner of a security as a replacement for or product of an account security, whether or not credited to the account before the owner's death. Source: SL 1995, ch 168, §6-301; SL 2004, ch 189, §1.
SD Codified L § 29A-6-302 (2021)
2021 South Dakota Codified Laws|Title 29A - Uniform Probate Code|Chapter 06 - Non-Probate Transfers|Section 29A-6-302 - Registration in beneficiary form--Sale or joint tenancy ownership.

29A-6-302. Registration in beneficiary form--Sale or joint tenancy ownership.Only individuals whose registration of a security shows sole ownership by one individual or multiple ownership by two or more with right of survivorship, rather than as tenants in common, may obtain registration in beneficiary form. Multiple owners of a security registered in beneficiary form hold as joint tenants with right of survivorship, as tenants by the entireties, or as owners of community property held in survivorship form, and not as tenants in common. Source: SL 1995, ch 168, §6-302.
SD Codified L § 29A-6-303 (2021)
2021 South Dakota Codified Laws|Title 29A - Uniform Probate Code|Chapter 06 - Non-Probate Transfers|Section 29A-6-303 - Registration in beneficiary form--Applicable law.

29A-6-303. Registration in beneficiary form--Applicable law.A security may be registered in beneficiary form if the form is authorized by this or a similar statute of the state of organization of the issuer or registering entity, the location of the registering entity's principal office, the office of its transfer agent or its office making the registration, or by this or a similar statute of the law of the state listed as the owner's address at the time of registration. A registration governed by the law of a jurisdiction in which this or similar legislation is not in force or was not in force when a registration in beneficiary form was made is nevertheless presumed to be valid and authorized as a matter of contract law. Source: SL 1995, ch 168, §6-303.
SD Codified L § 29A-6-304 (2021)
2021 South Dakota Codified Laws|Title 29A - Uniform Probate Code|Chapter 06 - Non-Probate Transfers|Section 29A-6-304 - Origination of registration in beneficiary form.

29A-6-304. Origination of registration in beneficiary form.A security, whether evidenced by certificate or account, is registered in beneficiary form when the registration includes a designation of a beneficiary to take the ownership at the death of the owner or the deaths of all multiple owners. Source: SL 1995, ch 168, §6-304.
SD Codified L § 29A-6-305 (2021)
2021 South Dakota Codified Laws|Title 29A - Uniform Probate Code|Chapter 06 - Non-Probate Transfers|Section 29A-6-305 - Form of registration in beneficiary form.

29A-6-305. Form of registration in beneficiary form.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.
SD Codified L § 29A-6-306 (2021)
2021 South Dakota Codified Laws|Title 29A - Uniform Probate Code|Chapter 06 - Non-Probate Transfers|Section 29A-6-306 - Effect of registration in beneficiary form.

29A-6-306. Effect of registration in beneficiary form.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.
SD Codified L § 29A-6-307 (2021)
2021 South Dakota Codified Laws|Title 29A - Uniform Probate Code|Chapter 06 - Non-Probate Transfers|Section 29A-6-307 - Ownership on death of owner.

29A-6-307. Ownership on death of owner.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.
SD Codified L § 29A-6-308 (2021)
2021 South Dakota Codified Laws|Title 29A - Uniform Probate Code|Chapter 06 - Non-Probate Transfers|Section 29A-6-308 - Protection of registering entity.

29A-6-308. Protection of registering entity.(a) A registering entity is not required to offer or to accept a request for security registration in beneficiary form. If a registration in beneficiary form is offered by a registering entity, the owner requesting registration in beneficiary form assents to the protections given to the registering entity by this part.(b) By accepting a request for registration of a security in beneficiary form, the registering entity agrees that the registration will be implemented on death of the deceased owner as provided in this part.(c) A registering entity is discharged from all claims to a security by the estate, creditors, heirs, or devisees of a deceased owner if it registers a transfer of the security in accordance with §29A-6-307 and does so in good faith reliance (i) on the registration, (ii) on this part, and (iii) on information provided to it by affidavit of the personal representative of the deceased owner, or by the surviving beneficiary or by the surviving beneficiary's representatives, or other information available to the registering entity. The protections of this part do not extend to a reregistration or payment made after a registering entity has received written notice from any claimant to any interest in the security objecting to implementation of a registration in beneficiary form. No other notice or other information available to the registering entity affects its right to protection under this part.(d) The protection provided by this part to the registering entity of a security does not affect the rights of beneficiaries in disputes between themselves and other claimants to ownership of the security transferred or its value or proceeds. Source: SL 1995, ch 168, §6-308.