reglab/housing_qa huggingface dataset:
SD Codified L § 29A-2-707 (2021)
2021 South Dakota Codified Laws|Title 29A - Uniform Probate Code|Chapter 02 - Intestate Succession And Wills|Section 29A-2-707 - Survivorship with respect to future interests under terms of trust.

29A-2-707. Survivorship with respect to future interests under terms of trust.(a) A future interest created under the terms of a trust is contingent on the beneficiary surviving the distribution date.(b) If an individual named as a beneficiary of a future interest created under the terms of a trust does not survive the distribution date, the future interest fails unless (i) the beneficiary is a grandparent, descendant of a grandparent, a stepchild, or a descendant of a stepchild of the testator or settlor and (ii) the beneficiary left descendants who survive the distribution date. Those descendants take by representation the property to which the beneficiary would have been entitled had the beneficiary survived the distribution date.(c) If a future interest created under the terms of a trust is made in the form of a class gift and a beneficiary (member of the class) dies before the distribution date, the share of the beneficiary 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 beneficiary is a grandparent, a descendant of a grandparent, a stepchild, or a descendant of a stepchild of the testator or settlor, and (ii) the beneficiary left descendants who survive the distribution date. Those descendants take by representation the property to which the beneficiary would have been entitled had the beneficiary survived the distribution date.(d) If a future interest created under the terms of a trust fails for any reason:(1)If the property passes under the residuary clause in the transferor's will, then the residuary clause is treated as creating a future interest under the terms of a trust.(2)If the property passes to the transferor's heirs, then the property shall be distributed under §29A-2-711.(e) For purposes of this section:(1)"Class gift" excludes a future interest 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," or "family," or a class described by language of similar import, the disposition of which is controlled by §29A-2-711.(2)"Distribution date," with respect to a future interest, means the time when the future interest is to take effect in possession or enjoyment. Source: SL 1995, ch 167, §2-707.
SD Codified L § 29A-2-708 (2021)
2021 South Dakota Codified Laws|Title 29A - Uniform Probate Code|Chapter 02 - Intestate Succession And Wills|Section 29A-2-708 - Class gifts to "descendants," "issue," or "heirs of the body"--Form of distribution if none specified.

29A-2-708. Class gifts to "descendants," "issue," or "heirs of the body"--Form of distribution if none specified.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.
SD Codified L § 29A-2-709 (2021)
2021 South Dakota Codified Laws|Title 29A - Uniform Probate Code|Chapter 02 - Intestate Succession And Wills|Section 29A-2-709 - Distribution by representation or per stirpes.

29A-2-709. Distribution by representation or per stirpes.(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.
SD Codified L § 29A-2-710 (2021)
2021 South Dakota Codified Laws|Title 29A - Uniform Probate Code|Chapter 02 - Intestate Succession And Wills|Section 29A-2-710 - Worthier-title doctrine abolished.

29A-2-710. Worthier-title doctrine abolished.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.
SD Codified L § 29A-2-711 (2021)
2021 South Dakota Codified Laws|Title 29A - Uniform Probate Code|Chapter 02 - Intestate Succession And Wills|Section 29A-2-711 - Interest in "heirs" and like.

29A-2-711. Interest in "heirs" and like.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.
SD Codified L § 29A-2-802 (2021)
2021 South Dakota Codified Laws|Title 29A - Uniform Probate Code|Chapter 02 - Intestate Succession And Wills|Section 29A-2-802 - Effect of divorce, annulment, and decree of separation.

29A-2-802. Effect of divorce, annulment, and decree of separation.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.
SD Codified L § 29A-3-101 (2021)
2021 South Dakota Codified Laws|Title 29A - Uniform Probate Code|Chapter 03 - Probate Of Wills And Administration|Section 29A-3-101 - Devolution of estate at death; restrictions.

29A-3-101. Devolution of estate at death; restrictions.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.
SD Codified L § 29A-3-102 (2021)
2021 South Dakota Codified Laws|Title 29A - Uniform Probate Code|Chapter 03 - Probate Of Wills And Administration|Section 29A-3-102 - Necessity of order of probate for will.

29A-3-102. Necessity of order of probate for will.Except as provided in §29A-3-1201, to be effective to prove the transfer of any property or to nominate a personal representative, a will shall be declared to be valid by an order of informal probate by the clerk of court, or an adjudication of probate by the court. Source: SL 1994, ch 232, §3-102; SL 1995, ch 167, §98; SL 2002, ch 138, §1.
SD Codified L § 29A-3-103 (2021)
2021 South Dakota Codified Laws|Title 29A - Uniform Probate Code|Chapter 03 - Probate Of Wills And Administration|Section 29A-3-103 - Necessity of appointment for administration.

29A-3-103. Necessity of appointment for administration.Except as otherwise provided in chapter 29A-4, to acquire the powers and undertake the duties and liabilities of a personal representative of a decedent, a person must be appointed by order of the court or clerk, qualify and be issued letters. Administration of an estate is commenced by the issuance of letters. Source: SL 1994, ch 232, §3-103; SL 1995, ch 167, §99.
SD Codified L § 29A-3-104 (2021)
2021 South Dakota Codified Laws|Title 29A - Uniform Probate Code|Chapter 03 - Probate Of Wills And Administration|Section 29A-3-104 - Claims against decedent--Necessity of administration.

29A-3-104. Claims against decedent--Necessity of administration.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.
SD Codified L § 29A-3-105 (2021)
2021 South Dakota Codified Laws|Title 29A - Uniform Probate Code|Chapter 03 - Probate Of Wills And Administration|Section 29A-3-105 - Proceedings affecting devolution and administration--Jurisdiction of subject matter.

29A-3-105. Proceedings affecting devolution and administration--Jurisdiction of subject matter.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.
SD Codified L § 29A-3-107 (2021)
2021 South Dakota Codified Laws|Title 29A - Uniform Probate Code|Chapter 03 - Probate Of Wills And Administration|Section 29A-3-107 - Scope of proceedings--Proceedings independent--Exception.

29A-3-107. Scope of proceedings--Proceedings independent--Exception.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.
SD Codified L § 29A-3-108 (2021)
2021 South Dakota Codified Laws|Title 29A - Uniform Probate Code|Chapter 03 - Probate Of Wills And Administration|Section 29A-3-108 - Probate, testacy, and appointment proceedings--Ultimate time limit.

29A-3-108. Probate, testacy, and appointment proceedings--Ultimate time limit.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.
SD Codified L § 29A-3-109 (2021)
2021 South Dakota Codified Laws|Title 29A - Uniform Probate Code|Chapter 03 - Probate Of Wills And Administration|Section 29A-3-109 - Statutes of limitation on decedent's cause of action.

29A-3-109. Statutes of limitation on decedent's cause of action.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.
SD Codified L § 29A-3-201 (2021)
2021 South Dakota Codified Laws|Title 29A - Uniform Probate Code|Chapter 03 - Probate Of Wills And Administration|Section 29A-3-201 - Venue for first and subsequent estate proceedings--Location of property.

29A-3-201. Venue for first and subsequent estate proceedings--Location of property.(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.
SD Codified L § 29A-3-202 (2021)
2021 South Dakota Codified Laws|Title 29A - Uniform Probate Code|Chapter 03 - Probate Of Wills And Administration|Section 29A-3-202 - Appointment or testacy proceedings--Conflicting claim of domicile in another state.

29A-3-202. Appointment or testacy proceedings--Conflicting claim of domicile in another state.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.
SD Codified L § 29A-3-204 (2021)
2021 South Dakota Codified Laws|Title 29A - Uniform Probate Code|Chapter 03 - Probate Of Wills And Administration|Section 29A-3-204 - Demand for notice of order or filing concerning decedent's estate.

29A-3-204. Demand for notice of order or filing concerning decedent's estate.Any interested person desiring notice of any order or filing pertaining to a decedent's estate may file a demand for notice with the court at any time after the death of the decedent stating the name of the decedent, the nature of the demandant's interest in the estate, and the demandant's address or that of the demandant's attorney. The demandant shall mail a copy of the demand to the personal representative if one has been appointed. After filing of a demand, no order or filing to which the demand relates shall be made or accepted without notice as prescribed in §29A-1-401 to the demandant or the demandant's attorney. The validity of an order which is issued or filing which is accepted without compliance with this requirement shall not be affected by the error, but the petitioner receiving the order or the person making the filing may be liable for any damage caused by the absence of notice. The requirement of notice arising from a demand under this provision may be waived in writing by the demandant and shall cease upon the termination of the demandant's interest in the estate. Source: SL 1994, ch 232, §3-204.
SD Codified L § 29A-3-302 (2021)
2021 South Dakota Codified Laws|Title 29A - Uniform Probate Code|Chapter 03 - Probate Of Wills And Administration|Section 29A-3-302 - Informal probate--Duty of clerk--Effect of informal probate.

29A-3-302. Informal probate--Duty of clerk--Effect of informal probate.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.
SD Codified L § 29A-3-303 (2021)
2021 South Dakota Codified Laws|Title 29A - Uniform Probate Code|Chapter 03 - Probate Of Wills And Administration|Section 29A-3-303 - Informal probate--Proof and findings required.

29A-3-303. Informal probate--Proof and findings required.(a) In an informal proceeding for original probate of a will, the clerk shall determine whether:(1)The application is complete;(2)The applicant has made oath or affirmation that the statements contained in the application are true to the best of the applicant's knowledge and belief;(3)The applicant appears from the application to be an interested person as defined in §29A-1-201(23);(4)On the basis of the statements in the application, venue is proper;(5)An original, duly executed and apparently unrevoked will is in the registrar's possession;(6)Any notice required by §29A-3-204 has been given; and(7)It appears from the application that the time limit for original probate has not expired.(b) The application shall be denied if it indicates that a personal representative has been appointed in another county of this state or except as provided in subsection (d) below, if it appears that this or another will of the decedent has been the subject of a previous probate order.(c) A will which appears to have the required signatures and which contains an attestation clause showing that the requirements of execution under §29A-2-502, 29A-2-503, or 29A-2-506 have been met shall be probated without further proof. In other cases, the clerk may assume execution if the will appears to have been properly executed, or the clerk may accept a sworn statement or affidavit of any person having knowledge of the circumstances of execution, whether or not the person was a witness to the will.(d) Informal probate of a will which has been previously probated elsewhere may be granted at any time upon written application by any interested person, together with deposit of a certified copy of the will and of the statement probating it from the office or court where it was first probated.(e) A will from a foreign jurisdiction which does not provide for probate of a will after death and which is not eligible for probate under subsection (a) above, may be probated in this state upon receipt by the clerk of a duly certified copy of the will and a certificate of its legal custodian that the copy filed is a true copy and that the will has become operative under the law of that jurisdiction. Source: SL 1994, ch 232, §3-303; SL 1995, ch 167, §105.