reglab/statecodes huggingface dataset:
2023 South Dakota Codified Laws › Title 29A - Uniform Probate Code › Chapter 03 - Probate Of Wills And Administration › Section 29A-3-721 - Proceedings for review of employment of agents and compensation of personal representatives and employees of estate.

29A-3-721. Proceedings for review of employment of agents and compensation of personal representatives and employees of estate.
After notice to all interested persons, on petition of an interested person or on appropriate motion if administration is supervised, the court may review the propriety of employment of any person by a personal representative including any attorney, accountant, investment advisor, or other specialized agent or assistant, the reasonableness of the compensation of any person so employed, or the reasonableness of the compensation of the personal representative. Any person who has received excessive compensation from an estate for services rendered may be ordered to make appropriate refunds.
Source:
SL 1994, ch 232, §3-721.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.