reglab/housing_qa huggingface dataset:
SD Codified L § 29A-1-104 (2021)
2021 South Dakota Codified Laws|Title 29A - Uniform Probate Code|Chapter 01 - Curative Statutes [Repealed]|Section 29A-1-104 - Severability.

29A-1-104. Severability.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.
SD Codified L § 29A-1-106 (2021)
2021 South Dakota Codified Laws|Title 29A - Uniform Probate Code|Chapter 01 - Curative Statutes [Repealed]|Section 29A-1-106 - Effect of fraud and evasion.

29A-1-106. Effect of fraud and evasion.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.
SD Codified L § 29A-1-107 (2021)
2021 South Dakota Codified Laws|Title 29A - Uniform Probate Code|Chapter 01 - Curative Statutes [Repealed]|Section 29A-1-107 - Evidence as to death or status.

29A-1-107. Evidence as to death or status.In addition to the rules of evidence in courts of general jurisdiction, the following rules relating to a determination of death and status apply:(1)Death occurs when an individual is determined to be dead under §34-25-18.1.(2)A certified or authenticated copy of a death certificate issued by an official or agency of the place where the death occurred is prima facie proof of the fact, place, date, time of death, and identity of the decedent.(3)A certified or authenticated copy of any record or report of a governmental agency, domestic or foreign, that an individual is dead, alive, or an absentee is prima facie proof of the status and of the dates, circumstances, and places disclosed by the record or report.(4)In the absence of prima facie proof of death, the fact of death may be established by other competent evidence, including circumstantial evidence.(5)An absentee who has not been seen or heard from for a continuous period of five years, and whose absence is not satisfactorily explained after diligent search or inquiry, is presumed to be dead and is presumed to have died at the end of the period.(6)A document described in paragraph (2) or (3) that states a time of death 120 hours or more after the time of death of another individual is prima facie proof that the individual survived the other individual by 120 hours. Source: SL 1995, ch 167, §1-107.
SD Codified L § 29A-1-108 (2021)
2021 South Dakota Codified Laws|Title 29A - Uniform Probate Code|Chapter 01 - Curative Statutes [Repealed]|Section 29A-1-108 - Acts by holder of general power.

29A-1-108. Acts by holder of general power.For the purpose of granting consent or approval with regard to the acts or accounts of a personal representative or trustee, and for purposes of consenting to modification or termination of a trust or to deviation from its terms, the sole holder or all co-holders of a presently exercisable general power of appointment are deemed to act for beneficiaries to the extent their interests (as objects, takers in default, or otherwise) are subject to the power. Source: SL 1995, ch 167, §1-108.
SD Codified L § 29A-1-301 (2021)
2021 South Dakota Codified Laws|Title 29A - Uniform Probate Code|Chapter 01 - Curative Statutes [Repealed]|Section 29A-1-301 - Territorial application.

29A-1-301. Territorial application.Except as otherwise provided in this code, this code applies to and the court has jurisdiction over (1) the estates of decedents and absentees domiciled in this state, (2) the property of nonresident decedents located in this state or property coming into the control of a fiduciary who is subject to the laws of this state, (3) guardianship proceedings for individuals domiciled in or located in this state, (4) conservatorship proceedings for individuals domiciled in or who have property located in this state, and (5) multiple-person bank accounts and other nonprobate transfers in this state. Source: SL 1995, ch 167, §1-301.
SD Codified L § 29A-1-303 (2021)
2021 South Dakota Codified Laws|Title 29A - Uniform Probate Code|Chapter 01 - Curative Statutes [Repealed]|Section 29A-1-303 - Venue.

29A-1-303. Venue.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.
SD Codified L § 29A-1-304 (2021)
2021 South Dakota Codified Laws|Title 29A - Uniform Probate Code|Chapter 01 - Curative Statutes [Repealed]|Section 29A-1-304 - Practice in court.

29A-1-304. Practice in court.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.
SD Codified L § 29A-1-305 (2021)
2021 South Dakota Codified Laws|Title 29A - Uniform Probate Code|Chapter 01 - Curative Statutes [Repealed]|Section 29A-1-305 - Records and certified copies.

29A-1-305. Records and certified copies.The clerk of court shall maintain a record of each document relating to a decedent's estate or guardianship or conservatorship which may be filed with the court under this code, including petitions and applications, demands for notices, and of any orders or responses relating thereto, and establish and maintain a system for indexing, filing, or recording which is sufficient to enable users of the records to obtain adequate information. Upon payment of the fees required by law the clerk must issue certified copies of any probated wills, letters, or any other record of paper filed or recorded. Certificates relating to probated wills must indicate whether the decedent was domiciled in this state and whether the probate was formal or informal. Certificates relating to letters must show the date of appointment. Source: SL 1995, ch 167, §1-305.
SD Codified L § 29A-1-306 (2021)
2021 South Dakota Codified Laws|Title 29A - Uniform Probate Code|Chapter 01 - Curative Statutes [Repealed]|Section 29A-1-306 - Jury trial.

29A-1-306. Jury trial.(a) If duly demanded, a party is entitled to trial by jury in a formal testacy proceeding and any proceeding in which any controverted question of fact arises as to which any party has a constitutional right to trial by jury.(b) If there is no right to trial by jury under subsection (a) or the right is waived, the court in its discretion may call a jury to decide any issue of fact, in which case the verdict is advisory only. Source: SL 1995, ch 167, §1-306.
SD Codified L § 29A-1-307 (2021)
2021 South Dakota Codified Laws|Title 29A - Uniform Probate Code|Chapter 01 - Curative Statutes [Repealed]|Section 29A-1-307 - Performance of acts and orders.

29A-1-307. Performance of acts and orders.The acts and orders which this code specifies as performable by the clerk of court may be performed either by a judge of the court or by the clerk. Source: SL 1995, ch 167, §1-307.
SD Codified L § 29A-1-310 (2021)
2021 South Dakota Codified Laws|Title 29A - Uniform Probate Code|Chapter 01 - Curative Statutes [Repealed]|Section 29A-1-310 - Oath or affirmance on filed documents.

29A-1-310. Oath or affirmance on filed documents.Except as otherwise specifically provided in this code, every document filed with the court under this code including applications, petitions, and demands for notice, shall be deemed to include an oath, affirmation, or statement to the effect that its representations are true as far as the person executing or filing it knows or is informed, and penalties for perjury may follow deliberate falsification in the document. Source: SL 1995, ch 167, §1-310.
SD Codified L § 29A-1-311 (2021)
2021 South Dakota Codified Laws|Title 29A - Uniform Probate Code|Chapter 01 - Curative Statutes [Repealed]|Section 29A-1-311 - Fixing time and place for hearings.

29A-1-311. Fixing time and place for hearings.A judge or clerk of courts may fix a time and place for hearing on any guardianship petition, conservatorship petition, petition for testacy, appointment, or other probate matter pursuant to Title 29A as well as for any petitions relating to the administration of trust estates under chapter 21-22. Any order or notice signed by a clerk of courts need not be attested but shall be sealed with the official seal of the circuit court. Source: SL 1997, ch 110, §1.
SD Codified L § 29A-1-401 (2021)
2021 South Dakota Codified Laws|Title 29A - Uniform Probate Code|Chapter 01 - Curative Statutes [Repealed]|Section 29A-1-401 - Notice - Method and time of giving.

29A-1-401. Notice--Method and time of giving.(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.
SD Codified L § 29A-1-402 (2021)
2021 South Dakota Codified Laws|Title 29A - Uniform Probate Code|Chapter 01 - Curative Statutes [Repealed]|Section 29A-1-402 - Notice - Waiver.

29A-1-402. Notice--Waiver.A person, including a guardian ad litem, conservator, or other fiduciary, may waive notice by a writing signed by the person or the person's attorney and filed in the proceeding. An individual for whom a guardianship or conservatorship is sought, or for whom a guardian or conservator has been appointed, may not waive notice. Source: SL 1995, ch 167, §1-402.
SD Codified L § 29A-1-101 (2021)
2021 South Dakota Codified Laws|Title 29A - Uniform Probate Code|Chapter 01 - General Provisions, Definitions And Probate Jurisdiction Of Court|Section 29A-1-101 - Short title.

29A-1-101. Short title.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.
SD Codified L § 29A-1-102 (2021)
2021 South Dakota Codified Laws|Title 29A - Uniform Probate Code|Chapter 01 - General Provisions, Definitions And Probate Jurisdiction Of Court|Section 29A-1-102 - Purposes - Rule of construction.

29A-1-102. Purposes--Rule of construction.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.
SD Codified L § 29A-1-103 (2021)
2021 South Dakota Codified Laws|Title 29A - Uniform Probate Code|Chapter 01 - General Provisions, Definitions And Probate Jurisdiction Of Court|Section 29A-1-103 - Supplementary general principles of laws applicable.

29A-1-103. Supplementary general principles of laws applicable.Unless displaced by the particular provisions of this code, the principles of law and equity supplement its provisions. Source: SL 1995, ch 167, §1-103.
SD Codified L § 29A-1-103.1 (2021)
2021 South Dakota Codified Laws|Title 29A - Uniform Probate Code|Chapter 01 - General Provisions, Definitions And Probate Jurisdiction Of Court|Section 29A-1-103.1 - Certain provisions governing express trusts for third-party beneficiaries applicable.

29A-1-103.1. Certain provisions governing express trusts for third-party beneficiaries applicable.The provisions of §§55-3-24 to 55-3-44, inclusive, are applicable to actions or proceedings relating to estates supervised or administered under Title 29A. Source: SL 2000, ch 229, §21.
SD Codified L § 29A-1-104 (2021)
2021 South Dakota Codified Laws|Title 29A - Uniform Probate Code|Chapter 01 - General Provisions, Definitions And Probate Jurisdiction Of Court|Section 29A-1-104 - Severability.

29A-1-104. Severability.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.
SD Codified L § 29A-1-106 (2021)
2021 South Dakota Codified Laws|Title 29A - Uniform Probate Code|Chapter 01 - General Provisions, Definitions And Probate Jurisdiction Of Court|Section 29A-1-106 - Effect of fraud and evasion.

29A-1-106. Effect of fraud and evasion.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.
SD Codified L § 29A-1-107 (2021)
2021 South Dakota Codified Laws|Title 29A - Uniform Probate Code|Chapter 01 - General Provisions, Definitions And Probate Jurisdiction Of Court|Section 29A-1-107 - Evidence as to death or status.

29A-1-107. Evidence as to death or status.In addition to the rules of evidence in courts of general jurisdiction, the following rules relating to a determination of death and status apply:(1)Death occurs when an individual is determined to be dead under §34-25-18.1.(2)A certified or authenticated copy of a death certificate issued by an official or agency of the place where the death occurred is prima facie proof of the fact, place, date, time of death, and identity of the decedent.(3)A certified or authenticated copy of any record or report of a governmental agency, domestic or foreign, that an individual is dead, alive, or an absentee is prima facie proof of the status and of the dates, circumstances, and places disclosed by the record or report.(4)In the absence of prima facie proof of death, the fact of death may be established by other competent evidence, including circumstantial evidence.(5)An absentee who has not been seen or heard from for a continuous period of five years, and whose absence is not satisfactorily explained after diligent search or inquiry, is presumed to be dead and is presumed to have died at the end of the period.(6)A document described in paragraph (2) or (3) that states a time of death 120 hours or more after the time of death of another individual is prima facie proof that the individual survived the other individual by 120 hours. Source: SL 1995, ch 167, §1-107.
SD Codified L § 29A-1-108 (2021)
2021 South Dakota Codified Laws|Title 29A - Uniform Probate Code|Chapter 01 - General Provisions, Definitions And Probate Jurisdiction Of Court|Section 29A-1-108 - Acts by holder of general power.

29A-1-108. Acts by holder of general power.For the purpose of granting consent or approval with regard to the acts or accounts of a personal representative or trustee, and for purposes of consenting to modification or termination of a trust or to deviation from its terms, the sole holder or all co-holders of a presently exercisable general power of appointment are deemed to act for beneficiaries to the extent their interests (as objects, takers in default, or otherwise) are subject to the power. Source: SL 1995, ch 167, §1-108.
SD Codified L § 29A-1-301 (2021)
2021 South Dakota Codified Laws|Title 29A - Uniform Probate Code|Chapter 01 - General Provisions, Definitions And Probate Jurisdiction Of Court|Section 29A-1-301 - Territorial application.

29A-1-301. Territorial application.Except as otherwise provided in this code, this code applies to and the court has jurisdiction over (1) the estates of decedents and absentees domiciled in this state, (2) the property of nonresident decedents located in this state or property coming into the control of a fiduciary who is subject to the laws of this state, (3) guardianship proceedings for individuals domiciled in or located in this state, (4) conservatorship proceedings for individuals domiciled in or who have property located in this state, and (5) multiple-person bank accounts and other nonprobate transfers in this state. Source: SL 1995, ch 167, §1-301.
SD Codified L § 29A-1-303 (2021)
2021 South Dakota Codified Laws|Title 29A - Uniform Probate Code|Chapter 01 - General Provisions, Definitions And Probate Jurisdiction Of Court|Section 29A-1-303 - Venue.

29A-1-303. Venue.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.
SD Codified L § 29A-1-304 (2021)
2021 South Dakota Codified Laws|Title 29A - Uniform Probate Code|Chapter 01 - General Provisions, Definitions And Probate Jurisdiction Of Court|Section 29A-1-304 - Practice in court.

29A-1-304. Practice in court.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.
SD Codified L § 29A-1-305 (2021)
2021 South Dakota Codified Laws|Title 29A - Uniform Probate Code|Chapter 01 - General Provisions, Definitions And Probate Jurisdiction Of Court|Section 29A-1-305 - Records and certified copies.

29A-1-305. Records and certified copies.The clerk of court shall maintain a record of each document relating to a decedent's estate or guardianship or conservatorship which may be filed with the court under this code, including petitions and applications, demands for notices, and of any orders or responses relating thereto, and establish and maintain a system for indexing, filing, or recording which is sufficient to enable users of the records to obtain adequate information. Upon payment of the fees required by law the clerk must issue certified copies of any probated wills, letters, or any other record of paper filed or recorded. Certificates relating to probated wills must indicate whether the decedent was domiciled in this state and whether the probate was formal or informal. Certificates relating to letters must show the date of appointment. Source: SL 1995, ch 167, §1-305.
SD Codified L § 29A-1-306 (2021)
2021 South Dakota Codified Laws|Title 29A - Uniform Probate Code|Chapter 01 - General Provisions, Definitions And Probate Jurisdiction Of Court|Section 29A-1-306 - Jury trial.

29A-1-306. Jury trial.(a) If duly demanded, a party is entitled to trial by jury in a formal testacy proceeding and any proceeding in which any controverted question of fact arises as to which any party has a constitutional right to trial by jury.(b) If there is no right to trial by jury under subsection (a) or the right is waived, the court in its discretion may call a jury to decide any issue of fact, in which case the verdict is advisory only. Source: SL 1995, ch 167, §1-306.
SD Codified L § 29A-1-307 (2021)
2021 South Dakota Codified Laws|Title 29A - Uniform Probate Code|Chapter 01 - General Provisions, Definitions And Probate Jurisdiction Of Court|Section 29A-1-307 - Performance of acts and orders.

29A-1-307. Performance of acts and orders.The acts and orders which this code specifies as performable by the clerk of court may be performed either by a judge of the court or by the clerk. Source: SL 1995, ch 167, §1-307.
SD Codified L § 29A-1-310 (2021)
2021 South Dakota Codified Laws|Title 29A - Uniform Probate Code|Chapter 01 - General Provisions, Definitions And Probate Jurisdiction Of Court|Section 29A-1-310 - Oath or affirmance on filed documents.

29A-1-310. Oath or affirmance on filed documents.Except as otherwise specifically provided in this code, every document filed with the court under this code including applications, petitions, and demands for notice, shall be deemed to include an oath, affirmation, or statement to the effect that its representations are true as far as the person executing or filing it knows or is informed, and penalties for perjury may follow deliberate falsification in the document. Source: SL 1995, ch 167, §1-310.
SD Codified L § 29A-1-311 (2021)
2021 South Dakota Codified Laws|Title 29A - Uniform Probate Code|Chapter 01 - General Provisions, Definitions And Probate Jurisdiction Of Court|Section 29A-1-311 - Fixing time and place for hearings.

29A-1-311. Fixing time and place for hearings.A judge or clerk of courts may fix a time and place for hearing on any guardianship petition, conservatorship petition, petition for testacy, appointment, or other probate matter pursuant to Title 29A as well as for any petitions relating to the administration of trust estates under chapter 21-22. Any order or notice signed by a clerk of courts need not be attested but shall be sealed with the official seal of the circuit court. Source: SL 1997, ch 110, §1.