reglab/housing_qa huggingface dataset:
SD Codified L § 29A-3-801 (2021)
2021 South Dakota Codified Laws|Title 29A - Uniform Probate Code|Chapter 03 - Probate Of Wills And Administration|Section 29A-3-801 - Notice to creditors.

29A-3-801. Notice to creditors.(a) A personal representative upon appointment may publish a notice to creditors once a week for three successive weeks in a legal newspaper in the county in which the proceeding is pending giving the personal representative's name and address and notifying creditors of the decedent to present their claims within four months after the date of the first publication of the notice or the claim may be barred.(b) Except as provided in subsection (c), a personal representative shall give written notice by mail or other delivery to a creditor of the decedent, who is either known to or reasonably ascertainable by the personal representative, informing the creditor to present the claim within four months after the date of the personal representative's appointment, or within sixty days after the mailing or other delivery of the written notice, whichever is later, or be forever barred.(c) A personal representative need not give written notice to a creditor if any of the following apply:(1)The creditor has presented a claim against the estate;(2)The creditor has been paid in full;(3)The creditor was neither known to nor reasonably ascertainable by the personal representative within four months after the personal representative's appointment.(d) For purposes of this section, a creditor is known if the personal representative is aware that the creditor has demanded payment from the decedent or the estate or if the personal representative is otherwise aware of the decedent's obligation.(e) No personal representative may incur liability for a nonnegligent or nonwillful failure to give notice to a particular creditor. Liability, if any, for such failure shall attach to the estate. Source: SL 1994, ch 232, §3-801; SL 1995, ch 167, §124.
SD Codified L § 29A-3-802 (2021)
2021 South Dakota Codified Laws|Title 29A - Uniform Probate Code|Chapter 03 - Probate Of Wills And Administration|Section 29A-3-802 - Statutes of limitations.

29A-3-802. Statutes of limitations.(a) Unless an estate is insolvent, or would thereby be rendered insolvent, the personal representative, with the consent of all successors whose interests would be affected, may waive any defense of limitations available to the estate. If the defense is not waived, no claim barred by a statute of limitations at the time of the decedent's death may be allowed or paid.(b) The running of a statute of limitations measured from an event other than death or the giving of notice to creditors is suspended for two years after the decedent's death, but resumes thereafter as to claims not otherwise barred.(c) For purposes of a statute of limitations, the presentation of a claim pursuant to §29A-3-804 is equivalent to commencement of a proceeding on the claim. Source: SL 1994, ch 232, §3-802.
SD Codified L § 29A-3-803 (2021)
2021 South Dakota Codified Laws|Title 29A - Uniform Probate Code|Chapter 03 - Probate Of Wills And Administration|Section 29A-3-803 - Limitations on presentation of claims.

29A-3-803. Limitations on presentation of claims.(a) All claims against a decedent's estate which arose before the death of the decedent, including claims of the state and any subdivision thereof, whether due or to become due, absolute or contingent, liquidated or unliquidated, founded on contract, tort, or other legal basis, if not barred earlier by another statute of limitations or nonclaim statute, are barred against the estate, the personal representative, and the heirs and devisees of the decedent, unless presented as follows:(1)As to creditors barred by publication, within the time set in the published notice to creditors;(2)As to creditors barred by written notice, within the time set in the written notice;(3)As to all creditors, within three years after the decedent's death.(b) A claim described in subsection (a) which is barred by the nonclaim statute of the decedent's domicile before the giving of notice to creditors in this state is barred in this state.(c) Nothing in this section affects or prevents:(1)Any proceeding to enforce any mortgage, pledge, or other lien upon property of the estate;(2)To the limits of the insurance protection only, any proceeding to establish liability of the decedent or the personal representative for which there is protection through liability insurance; or(3)Collection of compensation for services rendered and reimbursement for expenses advanced by the personal representative or by the attorney or accountant for the personal representative of the estate. Source: SL 1994, ch 232, §3-803; SL 1995, ch 167, §125.
SD Codified L § 29A-3-804 (2021)
2021 South Dakota Codified Laws|Title 29A - Uniform Probate Code|Chapter 03 - Probate Of Wills And Administration|Section 29A-3-804 - Manner of presentation of claims.

29A-3-804. Manner of presentation of claims.(a) Claims against a decedent's estate may be presented by either of the following methods:(1)The claimant may deliver or mail to the personal representative a written statement of the claim indicating its basis, the name and address of the claimant, and the amount claimed, or may file a written statement of the claim, in the form prescribed by rule, with the clerk of the court and mail or deliver a copy thereof to the personal representative. The claim is deemed presented on the first to occur of receipt of the written statement of claim by the personal representative, or the filing of the claim with the clerk of court. If a claim is not yet due, the date when it will become due shall be stated. If the claim is contingent or unliquidated, the nature of the uncertainty shall be stated. If the claim is secured, the nature of the security shall be described. Failure to describe correctly the nature of the security or uncertainty, or the due date of a claim not yet due does not invalidate the presentation;(2)The claimant may commence a proceeding against the personal representative in any court where the personal representative may be subject to jurisdiction, to obtain payment of the claim. The claim is deemed presented on the date the proceeding is commenced.(b) No presentation of claim is required in regard to matters claimed in proceedings against the decedent which were pending at the time of death in any court.(c) No proceeding to obtain payment of a claim presented under subsection (a)(1) may be commenced more than sixty days after the personal representative has mailed or delivered a notice of disallowance; but, in the case of a claim which is not presently due or which is contingent or unliquidated, the personal representative may consent to an extension of the sixty-day period, or to avoid injustice the court, on petition, may order an extension of the sixty-day period, but in no event may an extension be granted beyond the applicable statute of limitations. Source: SL 1994, ch 232, §3-804; SL 1995, ch 167, §126.
SD Codified L § 29A-3-805 (2021)
2021 South Dakota Codified Laws|Title 29A - Uniform Probate Code|Chapter 03 - Probate Of Wills And Administration|Section 29A-3-805 - Classification of claims.

29A-3-805. Classification of claims.(a) If the applicable assets of the estate are insufficient to pay all claims in full, the personal representative shall make payment in the following order:(1)Costs and expenses of administration;(2)Reasonable funeral expenses;(3)Debts and taxes with preference under federal law;(4)Debts and taxes with preference under other laws of this state;(5)All other claims.(b) No preference shall be given in the payment of any claim over any other claim of the same class, and a claim due and payable shall not be entitled to a preference over claims not due. Source: SL 1994, ch 232, §3-805.
SD Codified L § 29A-3-806 (2021)
2021 South Dakota Codified Laws|Title 29A - Uniform Probate Code|Chapter 03 - Probate Of Wills And Administration|Section 29A-3-806 - Allowance of claims.

29A-3-806. Allowance of claims.(a) As to claims presented to the personal representative or filed with the clerk of court within the time limit prescribed in §29A-3-803, the personal representative may mail a notice to any claimant stating that the claim has been allowed or disallowed. Every claim which is disallowed in whole or in part by the personal representative is barred so far as not allowed unless the claimant files a petition for allowance in the court or commences a proceeding against the personal representative not later than sixty days after the mailing of the notice of disallowance or partial allowance if the notice warns the claimant of the impending bar. Failure of the personal representative to mail notice to a claimant of action on a claim for sixty days after the time for original presentation of the claim has expired has the effect of a notice of allowance.(b) The personal representative may at any time prior to payment change the allowance to a disallowance in whole or in part, but not after allowance by court order or judgment or an order directing payment of the claim. The personal representative shall notify the claimant of the change to disallowance, and the disallowed claim is then subject to bar as provided in subsection (a). The personal representative may change a disallowance to an allowance, in whole or in part, until the claim is barred under subsection (a); after it is barred, it may be allowed and paid only if the estate is solvent and all successors whose interests would be affected consent.(c) Upon the petition of the personal representative or of a claimant, the court may allow in whole or in part any claim or claims presented to the personal representative or filed with the clerk of court in due time and not barred by subsection (a) of this section. Notice of the proceeding shall be given to the claimant, the personal representative, and to such other interested persons as the court may direct.(d) A judgment in a proceeding in any court against a personal representative to enforce a claim against a decedent's estate is an allowance of the claim.(e) Unless otherwise provided in a judgment entered against the personal representative in any court, interest is payable on all allowed claims at the category B rate of interest specified in §54-3-16 commencing sixty days after the time for original presentation of the claim has expired unless the claim is based on a contract providing for payment of interest, in which case the contract provisions shall control. Source: SL 1994, ch 232, §3-806; SL 1995, ch 167, §127.
SD Codified L § 29A-3-807 (2021)
2021 South Dakota Codified Laws|Title 29A - Uniform Probate Code|Chapter 03 - Probate Of Wills And Administration|Section 29A-3-807 - Payment of claims.

29A-3-807. Payment of claims.(a) Upon the expiration of the earlier of the time limitations provided in §29A-3-803 for the presentation of claims, the personal representative shall proceed to pay the claims allowed against the estate in the order of priority prescribed, after making provision for homestead, family and support allowances, for claims already presented that have not yet been allowed or whose allowance has been appealed, and for unbarred claims that may yet be presented, including costs and expenses of administration. By petition to the court in a proceeding for the purpose, or by appropriate motion if the administration is supervised, a claimant whose claim has been allowed but not paid may secure an order directing the personal representative to pay the claim to the extent funds of the estate are available to pay it.(b) The personal representative at any time may pay any valid claim that has not been barred, with or without formal presentation, but is personally liable to any other claimant whose claim is allowed and who is injured by its payment if:(1)Payment was made before the expiration of the time limit stated in subsection (a) and the personal representative failed to require the payee to give adequate security for the refund of any of the payment necessary to pay other claimants; or(2)Payment was made, due to negligence or willful fault of the personal representative, in such manner as to deprive the injured claimant of priority. Source: SL 1994, ch 232, §3-807; SL 1995, ch 167, §128.
SD Codified L § 29A-3-808 (2021)
2021 South Dakota Codified Laws|Title 29A - Uniform Probate Code|Chapter 03 - Probate Of Wills And Administration|Section 29A-3-808 - Individual liability of personal representative.

29A-3-808. Individual liability of personal representative.(a) Unless otherwise provided in the contract, a personal representative is not individually liable on a contract properly entered into in a fiduciary capacity in the course of administration of the estate unless the personal representative fails to reveal the representative capacity or identify the estate in the contract.(b) A personal representative is individually liable for obligations arising from ownership or control of the estate or for torts committed in the course of administration of the estate only if personally negligent.(c) Claims based on contracts entered into by a personal representative in a fiduciary capacity, on obligations arising from ownership or control of the estate or on torts committed in the course of estate administration may be asserted against the estate by proceeding against the personal representative in the representative's fiduciary capacity, whether or not the personal representative is individually liable therefor.(d) Issues of liability as between the estate and the personal representative individually may be determined in a proceeding for accounting, surcharge, or indemnification or other appropriate proceeding. Source: SL 1994, ch 232, §3-808.
SD Codified L § 29A-3-809 (2021)
2021 South Dakota Codified Laws|Title 29A - Uniform Probate Code|Chapter 03 - Probate Of Wills And Administration|Section 29A-3-809 - Secured claims.

29A-3-809. Secured claims.Payment of a secured claim is upon the basis of the amount allowed if the creditor surrenders the security; otherwise payment is upon the basis of one of the following:(1)If the creditor exhausts the security before receiving payment (unless precluded by other law), upon the amount of the claim allowed less the fair value of the security; or(2)If the creditor does not have the right to exhaust the security or has not done so, upon the amount of the claim allowed less the value of the security determined by converting it into money according to the terms of the agreement pursuant to which the security was delivered to the creditor, or by the creditor and personal representative by agreement, arbitration, compromise, or litigation. Source: SL 1994, ch 232, §3-809.
SD Codified L § 29A-3-810 (2021)
2021 South Dakota Codified Laws|Title 29A - Uniform Probate Code|Chapter 03 - Probate Of Wills And Administration|Section 29A-3-810 - Claims not due and contingent or unliquidated claims.

29A-3-810. Claims not due and contingent or unliquidated claims.(a) If a claim which will become due at a future time or a contingent or unliquidated claim becomes due or certain before the distribution of the estate, and if the claim has been allowed, it is paid in the same manner as presently due and absolute claims of the same class.(b) In other cases the personal representative or, on petition of the personal representative or the claimant in a special proceeding for the purpose, the court may provide for payment as follows:(1)If the claimant consents, the claimant may be paid the present or agreed value of the claim, taking any uncertainty into account;(2)Arrangement for future payment, or possible payment, on the happening of the contingency or on liquidation may be made by creating a trust, giving a mortgage, obtaining a bond or security from a distributee, or otherwise. Source: SL 1994, ch 232, §3-810.
SD Codified L § 29A-3-811 (2021)
2021 South Dakota Codified Laws|Title 29A - Uniform Probate Code|Chapter 03 - Probate Of Wills And Administration|Section 29A-3-811 - Counterclaims.

29A-3-811. Counterclaims.In allowing a claim the personal representative may deduct any counterclaim which the estate has against the claimant. In determining a claim against an estate a court shall reduce the amount allowed by the amount of any counterclaim and, if the counterclaims exceed the claim, render a judgment against the claimant in the amount of the excess. A counterclaim, liquidated or unliquidated, may arise from a transaction other than that upon which the claim is based. A counterclaim may give rise to relief exceeding in amount or different in kind from that sought in the claim. Source: SL 1994, ch 232, §3-811.
SD Codified L § 29A-3-812 (2021)
2021 South Dakota Codified Laws|Title 29A - Uniform Probate Code|Chapter 03 - Probate Of Wills And Administration|Section 29A-3-812 - Execution and levies prohibited.

29A-3-812. Execution and levies prohibited.No execution may issue upon nor may any levy be made against any property of the estate under any judgment against a decedent or a personal representative, but this section shall not be construed to prevent the enforcement of mortgages, pledges, or liens upon real or personal property in an appropriate proceeding. Source: SL 1994, ch 232, §3-812.
SD Codified L § 29A-3-813 (2021)
2021 South Dakota Codified Laws|Title 29A - Uniform Probate Code|Chapter 03 - Probate Of Wills And Administration|Section 29A-3-813 - Compromise of claims.

29A-3-813. Compromise of claims.When a claim against the estate has been presented in any manner, the personal representative may, if it appears for the best interest of the estate, compromise the claim, whether due or not due, absolute or contingent, liquidated or unliquidated. Source: SL 1994, ch 232, §3-813.
SD Codified L § 29A-3-814 (2021)
2021 South Dakota Codified Laws|Title 29A - Uniform Probate Code|Chapter 03 - Probate Of Wills And Administration|Section 29A-3-814 - Encumbered assets.

29A-3-814. Encumbered assets.If any assets of the estate are encumbered by mortgage, pledge, lien, or other security interest, the personal representative may pay the encumbrance or any part thereof, renew or extend any obligation secured by the encumbrance or convey or transfer the assets to the creditor in satisfaction of a lien, in whole or in part, whether or not the holder of the encumbrance has presented a claim, if it appears to be for the best interest of the estate. Payment of an encumbrance does not increase the share of the distributee entitled to the encumbered assets unless the distributee is entitled to exoneration. Source: SL 1994, ch 232, §3-814.
SD Codified L § 29A-3-815 (2021)
2021 South Dakota Codified Laws|Title 29A - Uniform Probate Code|Chapter 03 - Probate Of Wills And Administration|Section 29A-3-815 - Administration in more than one state--Duty of personal representative.

29A-3-815. Administration in more than one state--Duty of personal representative.(a) All assets of estates being administered in this state are subject to all claims, allowances and charges existing or established against the personal representative wherever appointed.(b) If the estate, either in this state or as a whole, is insufficient to cover family exemptions and allowances determined by the law of the decedent's domicile, and claims and prior charges, each claimant whose claim has been allowed either in this state or elsewhere in administrations of which the personal representative is aware, is entitled to receive payment of an equal proportion of the claim, after satisfaction of the exemptions, allowances and prior charges. If a preference or security in regard to a claim is allowed in another jurisdiction but not in this state, the creditor so benefited is to receive distribution from local assets only upon the balance of the claim after deducting the amount of the benefit.(c) In case the family exemptions and allowances, claims and prior charges of the entire estate exceed the total value of the portions of the estate being administered separately and this state is not the state of the decedent's last domicile, the claims allowed in this state shall be paid their proportion if local assets are adequate for the purpose, and the balance of local assets shall be transferred to the domiciliary personal representative. If local assets are not sufficient to pay all claims allowed in this state the amount to which they are entitled, local assets shall be marshaled so that each claim allowed in this state is paid its proportion as far as possible, after taking into account all distributions on claims allowed in this state from assets in other jurisdictions. Source: SL 1994, ch 232, §3-815.
SD Codified L § 29A-3-816 (2021)
2021 South Dakota Codified Laws|Title 29A - Uniform Probate Code|Chapter 03 - Probate Of Wills And Administration|Section 29A-3-816 - Final distribution to domiciliary representative.

29A-3-816. Final distribution to domiciliary representative.The estate of a nonresident decedent being administered by a personal representative appointed in this state shall, if there is a personal representative of the decedent's domicile willing to receive it, be distributed to the domiciliary personal representative for the benefit of the successors of the decedent unless (1) by virtue of the decedent's will, if any, and applicable choice of law rules, the successors are identified pursuant to the local law of this state without reference to the local law of the decedent's domicile; (2) the personal representative of this state, after reasonable inquiry, is unaware of the existence or identity of a domiciliary personal representative; or (3) the court orders otherwise in a proceeding for a closing order under §29A-3-1001 or incident to the closing of a supervised administration. In other cases, distribution of the estate of a decedent shall be made in accordance with the other parts of this chapter. Source: SL 1994, ch 232, §3-816; SL 1995, ch 167, §129.
SD Codified L § 29A-3-817 (2021)
2021 South Dakota Codified Laws|Title 29A - Uniform Probate Code|Chapter 03 - Probate Of Wills And Administration|Section 29A-3-817 - Department of Social Services' claim for indebtedness incurred by paying for medical assistance or care.

29A-3-817. Department of Social Services' claim for indebtedness incurred by paying for medical assistance or care.The Department of Social Services is entitled to receive personal property of a decedent by presenting an affidavit pursuant to §29A-3-1201 and a statement that the department has incurred an indebtedness by paying for the medical assistance for nursing home or other medical institutional care on behalf of the decedent. If the person paying, delivering, transferring, or issuing personal property or the evidence thereof is aware of any such indebtedness, no payment or delivery may be made, except for payment of funeral expenses, unless payment is first made to the Department of Social Services or the department has issued a satisfaction of indebtedness. Source: SL 1995, ch 167, §138.
SD Codified L § 29A-3-901 (2021)
2021 South Dakota Codified Laws|Title 29A - Uniform Probate Code|Chapter 03 - Probate Of Wills And Administration|Section 29A-3-901 - Successors' rights if no administration.

29A-3-901. Successors' rights if no administration.In the absence of administration, the heirs and devisees are entitled to the estate in accordance with the terms of a probated will or the laws of intestate succession. Devisees may establish title by the probated will to devised property. Persons entitled to property by homestead allowance, exemption or intestacy may establish title thereto by proof of the decedent's ownership, death, and their relationship to the decedent. Successors take subject to all charges incident to administration, including the claims of creditors and allowances of surviving spouse and dependent children, and subject to the rights of others resulting from abatement, retainer, advancement, and ademption. Source: SL 1994, ch 232, §3-901.