reglab/housing_qa huggingface dataset:
SD Codified L § 29A-3-902 (2021)
2021 South Dakota Codified Laws|Title 29A - Uniform Probate Code|Chapter 03 - Probate Of Wills And Administration|Section 29A-3-902 - Abatement--Order and amount.

29A-3-902. Abatement--Order and amount.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.
SD Codified L § 29A-3-903 (2021)
2021 South Dakota Codified Laws|Title 29A - Uniform Probate Code|Chapter 03 - Probate Of Wills And Administration|Section 29A-3-903 - Right of retainer.

29A-3-903. Right of retainer.Unless a contrary intent is indicated in the will, the amount of a noncontingent indebtedness of a successor to the estate if due, or its present value if not due, shall be offset against the successor's interest; but the successor has the benefit of any defense which would be available to the successor in a direct proceeding for recovery of the debt. Source: SL 1994, ch 232, §3-903.
SD Codified L § 29A-3-904 (2021)
2021 South Dakota Codified Laws|Title 29A - Uniform Probate Code|Chapter 03 - Probate Of Wills And Administration|Section 29A-3-904 - Interest on general pecuniary devise.

29A-3-904. Interest on general pecuniary devise.General pecuniary devises bear interest at the category B rate of interest specified in §54-3-16 beginning one year after the first appointment of a personal representative until payment, unless a contrary intent is indicated by the will. Source: SL 1994, ch 232, §3-904; SL 1995, ch 167, §131.
SD Codified L § 29A-3-905 (2021)
2021 South Dakota Codified Laws|Title 29A - Uniform Probate Code|Chapter 03 - Probate Of Wills And Administration|Section 29A-3-905 - Penalty clause for contest.

29A-3-905. Penalty clause for contest.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.
SD Codified L § 29A-3-906 (2021)
2021 South Dakota Codified Laws|Title 29A - Uniform Probate Code|Chapter 03 - Probate Of Wills And Administration|Section 29A-3-906 - Distribution in kind--Valuation--Method.

29A-3-906. Distribution in kind--Valuation--Method.(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.
SD Codified L § 29A-3-907 (2021)
2021 South Dakota Codified Laws|Title 29A - Uniform Probate Code|Chapter 03 - Probate Of Wills And Administration|Section 29A-3-907 - Distribution in kind--Evidence.

29A-3-907. Distribution in kind--Evidence.If distribution in kind is made, the personal representative shall execute an instrument or deed of distribution assigning, transferring, or releasing the assets to the distributee as evidence of the distributee's title to the property. Source: SL 1994, ch 232, §3-907.
SD Codified L § 29A-3-908 (2021)
2021 South Dakota Codified Laws|Title 29A - Uniform Probate Code|Chapter 03 - Probate Of Wills And Administration|Section 29A-3-908 - Distribution--Right or title of distributee.

29A-3-908. Distribution--Right or title of distributee.Proof that a distributee has received an instrument or deed of distribution of assets in kind, or payment in distribution, from a personal representative, is conclusive evidence that the distributee has succeeded to the interest of the decedent and the estate in the distributed assets, as against all persons interested in the estate, except that the personal representative may recover the assets or their value if the distribution was improper. Source: SL 1994, ch 232, §3-908.
SD Codified L § 29A-3-909 (2021)
2021 South Dakota Codified Laws|Title 29A - Uniform Probate Code|Chapter 03 - Probate Of Wills And Administration|Section 29A-3-909 - Improper distribution--Liability of distributee.

29A-3-909. Improper distribution--Liability of distributee.Unless the distribution or payment no longer can be questioned because of adjudication, estoppel, or limitation, a distributee of property improperly distributed or paid, or a claimant who was improperly paid, is liable to return the property improperly received and its income since distribution if the distributee or claimant has the property. If the distributee or claimant does not have the property, then the distributee or claimant is liable to return the value as of the date of disposition of the property improperly received and any income and gain which the distributee or claimant received. Source: SL 1994, ch 232, §3-909.
SD Codified L § 29A-3-910 (2021)
2021 South Dakota Codified Laws|Title 29A - Uniform Probate Code|Chapter 03 - Probate Of Wills And Administration|Section 29A-3-910 - Purchasers from distributees protected.

29A-3-910. Purchasers from distributees protected.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.
SD Codified L § 29A-3-911 (2021)
2021 South Dakota Codified Laws|Title 29A - Uniform Probate Code|Chapter 03 - Probate Of Wills And Administration|Section 29A-3-911 - Partition for purpose of distribution.

29A-3-911. Partition for purpose of distribution.When two or more heirs or devisees are entitled to distribution of undivided interests in any real or personal property of the estate, the personal representative or one or more of the heirs or devisees may petition the court prior to the formal or informal closing of the estate, to make partition. After notice to the interested heirs or devisees, the court shall partition the property in the same manner as provided by the law for civil actions of partition. The court may direct the personal representative to sell any property which cannot be partitioned without prejudice to the owners and which cannot conveniently be allotted to any one party. Source: SL 1994, ch 232, §3-911.
SD Codified L § 29A-3-912 (2021)
2021 South Dakota Codified Laws|Title 29A - Uniform Probate Code|Chapter 03 - Probate Of Wills And Administration|Section 29A-3-912 - Private agreements among successors to decedent binding on personal representative.

29A-3-912. Private agreements among successors to decedent binding on personal representative.Subject to the right of creditors and taxing authorities, competent successors may agree among themselves to alter the interests, shares, or amounts to which they are entitled under the will of the decedent, or under the laws of intestacy, in any way that they provide in a written contract executed by all who are affected by its provisions. The personal representative shall abide by the terms of the agreement subject to the obligation to administer the estate for the benefit of creditors, to pay all taxes and costs of administration, and to carry out the responsibilities of office for the benefit of any successors of the decedent who are not parties. Personal representatives of decedents' estates are not required to see to the performance of trusts if the trustee thereof is another person who is willing to accept the trust. Accordingly, trustees of a testamentary trust are successors for the purposes of this section. Nothing herein relieves trustees of any duties owed to beneficiaries of trusts. Source: SL 1994, ch 232, §3-912.
SD Codified L § 29A-3-914 (2021)
2021 South Dakota Codified Laws|Title 29A - Uniform Probate Code|Chapter 03 - Probate Of Wills And Administration|Section 29A-3-914 - Disposition of unclaimed assets.

29A-3-914. Disposition of unclaimed assets.If an heir, devisee, or claimant cannot be found, the personal representative shall distribute the share of the missing person to the person's conservator, if any, otherwise the court shall enter an order directing that the share vest in the State of South Dakota for the support of the common schools. The order of court shall contain a provision stating that an action asserting a claim or right to the share may be instituted in the court within ten years after the entry of the order in the manner provided in chapter 21-36. The order of court shall have the same force and effect as a judgment of escheat in an action instituted under chapter 21-36, and shall become final and conclusive at the expiration of the period prescribed by chapter 21-36. Source: SL 1994, ch 232, §3-914.
SD Codified L § 29A-3-915 (2021)
2021 South Dakota Codified Laws|Title 29A - Uniform Probate Code|Chapter 03 - Probate Of Wills And Administration|Section 29A-3-915 - Distribution to person under disability.

29A-3-915. Distribution to person under disability.(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.
SD Codified L § 29A-3-1001 (2021)
2021 South Dakota Codified Laws|Title 29A - Uniform Probate Code|Chapter 03 - Probate Of Wills And Administration|Section 29A-3-1001 - Formal proceedings terminating administration--Testate or intestate--Order of general protection.

29A-3-1001. Formal proceedings terminating administration--Testate or intestate--Order of general protection.(a) The administration of an estate being administered in supervised proceedings may be concluded by an order of complete settlement, and the administration of an estate being administered in unsupervised proceedings may be concluded by an order of complete settlement if the court grants a petition therefor. The personal representative may petition for an order of complete settlement after four months from the appointment of the original personal representative, and any other interested person may petition after one year from the appointment of the original personal representative. The petition of the personal representative shall be granted as a matter of course, but other petitions shall be granted only if there is good cause.(b) The petition shall request the court to approve the account or to compel and approve an accounting, to determine the decedent's testacy status and heirs, if not previously determined by the court or if one or more heirs or devisees were admitted as parties in, or were not given notice of, a previous formal testacy proceeding, and to adjudicate the final settlement and distribution of the estate.(c) After notice to all interested persons and hearing, and the filing of proof that a copy of the accounting was mailed to the heirs and devisees entitled to distribution of and from the remaining assets of the estate, and to all known creditors and other claimants whose claims are neither paid nor barred, the court may enter the appropriate orders, terminate the personal representative's appointment, and discharge the personal representative from further claims or demands.(d) Any accounting required under this section may be waived if the persons entitled to a copy consent in writing.(e) An order of complete settlement shall be conclusive as to the matters determined on all persons given notice, subject only to being reversed, set aside or modified on appeal. Source: SL 1994, ch 232, §3-1001; SL 1995, ch 167, §133.
SD Codified L § 29A-3-1003 (2021)
2021 South Dakota Codified Laws|Title 29A - Uniform Probate Code|Chapter 03 - Probate Of Wills And Administration|Section 29A-3-1003 - Closing estates--By sworn statement of personal representative.

29A-3-1003. Closing estates--By sworn statement of personal representative.(a) Unless prohibited by order of the court and except for estates being administered in supervised administration proceedings, a personal representative may close an estate by filing with the court no earlier than four months after the date of original appointment of a general personal representative for the estate, a verified statement stating that the personal representative or a previous personal representative, has:(1)Determined that the time limit for presentation of creditors' claims has expired or has made a diligent search for the creditors of the estate and affirms to the best of the personal representative's knowledge, information, and belief that all known creditors have been paid in full and if there are other creditors of the decedent, they are unknown to the personal representative and could not, with reasonable diligence, be ascertained;(2)Determined that all inheritance taxes and state estate taxes due from the estate have been duly determined and are fully paid;(3)Fully administered the estate of the decedent by making payment, settlement, or other disposition of all claims that were properly presented, expenses of administration and other charges, except as specified in the statement, and that the assets of the estate have been distributed to the persons so entitled. If any claims remain undischarged, the statement shall state whether the personal representative has distributed the estate subject to possible liability with the agreement of the distributees or state in detail other arrangements that have been made to accommodate outstanding liabilities; and(4)Sent a copy of the statement and a full accounting to all heirs and devisees who are entitled to distribution of and from the remaining assets of the estate and to all known creditors and other claimants whose claims are neither paid nor barred.(b) If no proceedings involving the personal representative are pending in the court one year after the closing statement is filed, the appointment of the personal representative terminates.(c) Any accounting required under this section may be waived if the persons entitled to a copy consent in writing. Source: SL 1994, ch 232, §3-1003; SL 1995, ch 167, §134; SL 2000, ch 138, §1.
SD Codified L § 29A-3-1004 (2021)
2021 South Dakota Codified Laws|Title 29A - Uniform Probate Code|Chapter 03 - Probate Of Wills And Administration|Section 29A-3-1004 - Liability of distributees to claimants.

29A-3-1004. Liability of distributees to claimants.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.
SD Codified L § 29A-3-1005 (2021)
2021 South Dakota Codified Laws|Title 29A - Uniform Probate Code|Chapter 03 - Probate Of Wills And Administration|Section 29A-3-1005 - Limitations on proceedings against personal representatives.

29A-3-1005. Limitations on proceedings against personal representatives.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.
SD Codified L § 29A-3-1006 (2021)
2021 South Dakota Codified Laws|Title 29A - Uniform Probate Code|Chapter 03 - Probate Of Wills And Administration|Section 29A-3-1006 - Limitations on actions and proceedings against distributees.

29A-3-1006. Limitations on actions and proceedings against distributees.Unless previously adjudicated in a formal testacy proceeding or in a proceeding settling the accounts of a personal representative or otherwise barred, the claim of a claimant to recover from a distributee who is liable to pay the claim, and the right of an heir or devisee, or of a successor personal representative acting in their behalf, to recover property improperly distributed or its value from any distributee is forever barred (i) if a claim by a creditor of the decedent, three years after the decedent's death, and (ii) any other claimant and any heir or devisee, at the later of three years after the decedent's death or one year after the time of its distribution. This section does not bar an action to recover property or value received as a result of fraud. Source: SL 1994, ch 232, §3-1006.
SD Codified L § 29A-3-1007 (2021)
2021 South Dakota Codified Laws|Title 29A - Uniform Probate Code|Chapter 03 - Probate Of Wills And Administration|Section 29A-3-1007 - Certificate discharging liens securing fiduciary performance.

29A-3-1007. Certificate discharging liens securing fiduciary performance.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.
SD Codified L § 29A-3-1008 (2021)
2021 South Dakota Codified Laws|Title 29A - Uniform Probate Code|Chapter 03 - Probate Of Wills And Administration|Section 29A-3-1008 - Subsequent administration.

29A-3-1008. Subsequent administration.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.