reglab/statecodes huggingface dataset:
2023 South Dakota Codified Laws › Title 28 - Public Welfare and Assistance › Chapter 18 - Facilities For Care Of The Aged › Section 28-18-5 - Lease of property to nonprofit corporation by Department of Social Services.

28-18-5. Lease of property to nonprofit corporation by Department of Social Services.
The Department of Social Services may lease any property under its jurisdiction, suitable for the establishment of such homes for the aged to any corporation or charitable organization that could qualify to the provisions of §§28-18-1 to 28-18-4, inclusive.
Source:
SL 1953, ch 302, §2; SDC Supp 1960, §27.1210; SL 1989, ch 21, §150; SL 2011, ch 1 (Ex. Ord. 11-1), §163, eff. Apr. 12, 2011.
2023 South Dakota Codified Laws › Title 28 - Public Welfare and Assistance › Chapter 18 - Facilities For Care Of The Aged › Section 28-18-6 - County and municipal contributions to nonprofit corporations--Maximum--Appropriation from general fund.

28-18-6. County and municipal contributions to nonprofit corporations--Maximum--Appropriation from general fund.
The boards of county commissioners of the several counties and the governing bodies of municipalities of this state, may, in their discretion, contribute sums of money annually not to exceed twenty thousand dollars per annum to nonprofit self-sustaining corporations formed for the care and accommodation of aged persons under the provisions of §§28-18-1 to 28-18-4, inclusive.
For the purpose of carrying out the provisions of this section, such boards of county commissioners and such governing bodies of municipalities may appropriate out of the general fund of their respective counties or municipalities.
Source:
SL 1953, ch 34; SL 1957, ch 152; SDC Supp 1960, §12.0617-12; SL 1961, ch 31, §2; SL 1963, ch 38.
2023 South Dakota Codified Laws › Title 28 - Public Welfare and Assistance › Chapter 18 - Facilities For Care Of The Aged › Section 28-18-7 - Municipal revenue bonds authorized for establishment and operation of facilities for the aged.

28-18-7. Municipal revenue bonds authorized for establishment and operation of facilities for the aged.
Any municipality may issue revenue bonds to provide funds for the purpose of acquiring, constructing, improving, operating, and maintaining municipal hospitals, nursing homes, retirement homes, or related institutions for the care of the aged or for the purpose of refunding outstanding revenue bonds issued under the provisions of this chapter.
Source:
SL 1963, ch 286, §1; SL 1984, ch 43, §104.
2023 South Dakota Codified Laws › Title 28 - Public Welfare and Assistance › Chapter 18 - Facilities For Care Of The Aged › Section 28-18-8 - Authorization, issuance, and sale of bonds.

28-18-8. Authorization, issuance, and sale of bonds.
All bonds shall be authorized, issued, and sold as provided in chapter 6-8B and §9-54-12.
Source:
SL 1963, ch 286, §1; SL 1984, ch 43, §105.
2023 South Dakota Codified Laws › Title 28 - Public Welfare and Assistance › Chapter 18 - Facilities For Care Of The Aged › Section 28-18-9 - Municipal revenue bonds payable solely from revenues--Credit and taxing power not pledged--Indebtedness not within constitutional limits.

28-18-9. Municipal revenue bonds payable solely from revenues--Credit and taxing power not pledged--Indebtedness not within constitutional limits.
Such revenue bonds shall be payable solely from and shall constitute a lien upon the gross revenues derived from and traceable to properties acquired by the expenditure of the proceeds of revenue bonds, or of bonds refunded thereby, as fixed and determined by the governing body in accordance with the provisions of this chapter. The credit and taxing powers of the municipality shall not be pledged for the payment of revenue bonds issued hereunder and the bondholders shall have no right to compel the appropriation of any of the municipality's other funds, money, or property for the payment of the principal thereof or interest thereon. Nothing herein contained shall be deemed to authorize the incurring by any municipality of indebtedness within the meaning of any constitutional or statutory limitation upon municipal indebtedness.
Source:
SL 1963, ch 286, §§1, 7.
2023 South Dakota Codified Laws › Title 28 - Public Welfare and Assistance › Chapter 18 - Facilities For Care Of The Aged › Section 28-18-11 - Covenants and agreements in municipal revenue bonds for protection of bondholders--Remedies of bondholders.

28-18-11. Covenants and agreements in municipal revenue bonds for protection of bondholders--Remedies of bondholders.
By the resolution or ordinance authorizing revenue bonds, the governing body may make and enter into on the part of the municipality covenants and agreements with the purchasers and holders thereof from time to time concerning minimum rentals and charges, continuance of ownership and proper operation and maintenance of the hospital, nursing facility, or other facility herein authorized, administration, application, and investment of and accounting for the revenues thereof and the proceeds of the bonds, insurance on the facilities and bonds of employees, relative priorities of lien of outstanding and future bonds upon the gross revenues, refunding of bonds, and the enforcement of bondholders rights, and any other lawful stipulations and covenants which the governing body deems suitable for the security of the bondholders or to reduce the interest cost on the bonds, and the holder of any bond issued hereunder may compel by appropriate court action the performance thereof, whether or not his bond is in default.
Source:
SL 1963, ch 286, §3; SL 1968, ch 187; SL 1984, ch 43, §106.
2023 South Dakota Codified Laws › Title 28 - Public Welfare and Assistance › Chapter 18 - Facilities For Care Of The Aged › Section 28-18-12 - Reference in bonds to authorizing resolutions--Negotiability.

28-18-12. Reference in bonds to authorizing resolutions--Negotiability.
Bonds issued pursuant to §28-18-7 may refer to the authorizing resolution or resolutions for matters not expressed in the bonds, but they shall be negotiable investment securities within the meaning of chapter 57A-8, notwithstanding any conditions expressed therein or in the resolutions.
Source:
SL 1963, ch 286, §5; SL 1984, ch 43, §107.
2023 South Dakota Codified Laws › Title 28 - Public Welfare and Assistance › Chapter 18 - Facilities For Care Of The Aged › Section 28-18-14 - Special fund created prior to delivery of bonds--Gross receipts pledged to fund.

28-18-14. Special fund created prior to delivery of bonds--Gross receipts pledged to fund.
Prior to delivery of any such bonds, the governing body shall by the resolutions required by §28-18-7 create a special fund and appropriate and pledge thereto all gross receipts in respect of rentals, fees, licenses, and other charges however designated, imposed by the municipality for the use or occupancy of the facilities and of any future additions and betterments thereto or for admission of individuals to the same or any part thereof.
Source:
SL 1963, ch 286, §2.
2023 South Dakota Codified Laws › Title 28 - Public Welfare and Assistance › Chapter 18 - Facilities For Care Of The Aged › Section 28-18-17 - Rentals and charges established by municipality--Expenses and bond retirement covered by revenues.

28-18-17. Rentals and charges established by municipality--Expenses and bond retirement covered by revenues.
The governing body of each municipality issuing bonds under §28-18-7 shall have the authority, and it shall be its duty, to establish and collect reasonable rentals or charges for the use and occupancy of and for the services furnished at such facilities. Such rentals and charges shall be fixed according to schedules, and shall be revised when necessary, so as to produce gross revenues at all times sufficient for current operation and maintenance of the hospital, nursing facility, or other facility and sufficient for prompt payment of all outstanding revenue bonds and interest and creation and maintenance of agreed reserves.
Source:
SL 1963, ch 286, §3; SL 1968, ch 187.
2023 South Dakota Codified Laws › Title 28 - Public Welfare and Assistance › Chapter 18 - Facilities For Care Of The Aged › Section 28-18-17.1 - Lease-purchase agreements authorized--Pledge of facility and net earnings to payment of bonds and interest.

28-18-17.1. Lease-purchase agreements authorized--Pledge of facility and net earnings to payment of bonds and interest.
The governing body of each municipality shall have the power to enter into lease-purchase agreements for a term not to exceed the maturity of the bonds issued under §28-18-7 by ordinance with any person, firm, or corporation for such facilities. Such lease-purchase agreements shall provide for contractual payments sufficient to amortize the cost of the facilities to be constructed and equipment, plus the fair market value on the date of the agreement, of the site. Such agreements shall also provide for a reasonable rate of interest on the outstanding principal and reimburse the municipality for the cost of any other obligation assumed by it under the contract. In the event the governing body enters into a lease-purchase agreement, the governing body notwithstanding any other provision of this chapter, may pledge the facility constructed and the net earnings therefrom to the payment of said bonds and interest thereon, and provide that the net earnings thereof be set apart as a debt service fund for that purpose.
Source:
SL 1963, ch 286, §3 as added by SL 1968, ch 187.
2023 South Dakota Codified Laws › Title 28 - Public Welfare and Assistance › Chapter 18 - Facilities For Care Of The Aged › Section 28-18-18 - Operational expenses paid from special fund--Appropriations for payment of bonds.

28-18-18. Operational expenses paid from special fund--Appropriations for payment of bonds.
From the fund created pursuant to §28-18-14 shall be paid as incurred and allowed all normal, reasonable, and current expenses of the operation and maintenance of the facilities, and the revenues remaining in said fund from time to time after payment of such expenses shall be appropriated to a separate account to the extent necessary for the payment of principal of and interest on the bonds and maintenance of such reserves securing said payments as shall be covenanted and agreed with the purchaser and holders of said bonds.
Source:
SL 1963, ch 286, §2.
2023 South Dakota Codified Laws › Title 28 - Public Welfare and Assistance › Chapter 18 - Facilities For Care Of The Aged › Section 28-18-19 - Findings and determinations binding on municipality.

28-18-19. Findings and determinations binding on municipality.
The findings and determinations authorized in §§28-18-7 to 28-18-18, inclusive, shall constitute binding representations, recitals, and covenants of each municipality issuing revenue bonds hereunder to and with the purchasers and holders of all such bonds.
Source:
SL 1963, ch 286, §2.
2023 South Dakota Codified Laws › Title 28 - Public Welfare and Assistance › Chapter 18 - Facilities For Care Of The Aged › Section 28-18-20 - Severability of provisions.

28-18-20. Severability of provisions.
If any provision of §§28-18-7 to 28-18-19, inclusive, or any resolution or resolutions authorizing the issuance of bonds pursuant to said sections, or the application thereof to any person or circumstances, shall be held invalid in any legal proceedings, such invalidity shall not affect other provisions or applications of said sections or of such resolutions which can be given effect without the invalid provision or application, and shall not affect the validity of such bonds as special and limited obligations of the municipality issuing the same, and to this end all such resolutions shall be subject to all of the provisions and limitations of said sections, and the provisions and applications of said sections are declared to be severable.
Source:
SL 1963, ch 286, §7.
2023 South Dakota Codified Laws › Title 28 - Public Welfare and Assistance › Chapter 20 - Liens For Overpayments And Debt › Section 28-20-1 - Imposition of lien for overpayment or certain overdue family, spousal, or child support obligations.

28-20-1. Imposition of lien for overpayment or certain overdue family, spousal, or child support obligations.
The Department of Social Services may impose a lien upon the real and personal property of any person who is a resident of or owns property in this state, and who is receiving or has received assistance from or through the department and has received an overpayment or overissuance of assistance to which he was not entitled, or who is indebted to the department or another state for overdue family support obligations, or who owes an overdue support obligation for a spouse or child who is not receiving public assistance, but who is eligible for support enforcement services.
Source:
SL 1984, ch 206, §1; SL 1986, ch 218, §54.
2023 South Dakota Codified Laws › Title 28 - Public Welfare and Assistance › Chapter 20 - Liens For Overpayments And Debt › Section 28-20-2 - Determination of debt--Notice of lien--Priority.

28-20-2. Determination of debt--Notice of lien--Priority.
The Department of Social Services, upon a judicial determination of debt, or an administrative determination of debt under chapter 25-7A, may file a notice of lien pursuant to chapter 44-2. The priority of this lien shall be established as of its date of filing.
Source:
SL 1984, ch 206, §2.
2023 South Dakota Codified Laws › Title 28 - Public Welfare and Assistance › Chapter 20 - Liens For Overpayments And Debt › Section 28-20-3 - Motor vehicles--Notation on certificate of title--Priority.

28-20-3. Motor vehicles--Notation on certificate of title--Priority.
A notice of lien filed under §28-20-2 shall be a lien against any motor vehicle as defined by §32-3-1, which is registered individually or jointly in the name of the debtor. The register of deeds shall note the lien upon any certificate of title as provided in §32-3-38. The priority of this lien shall be established as of its date of filing.
Source:
SL 1984, ch 206, §3.
2023 South Dakota Codified Laws › Title 28 - Public Welfare and Assistance › Chapter 20 - Liens For Overpayments And Debt › Section 28-20-4 - Register of deeds not entitled to fee.

28-20-4. Register of deeds not entitled to fee.
The register of deeds is not entitled to any fee for registering or filing a lien under this chapter.
Source:
SL 1984, ch 206, §4.
2023 South Dakota Codified Laws › Title 28 - Public Welfare and Assistance › Chapter 21 - ABLE Savings Program › Section 28-21-1 - Definitions.

28-21-1.Definitions.
Terms used in this chapter mean:
(1)"ABLE savings program," a qualified savings program established under section 529A of the Internal Revenue Code, 26 U.S. C. 529A;
(2)"Council," the South Dakota Investment Council.
Source:
SL 2016, ch 149, §1.
2023 South Dakota Codified Laws › Title 28 - Public Welfare and Assistance › Chapter 21 - ABLE Savings Program › Section 28-21-2 - Determination of eligibility or amount of state or local benefits for ABLE savings program beneficiary.

28-21-2.Determination of eligibility or amount of state or local benefits for ABLE savings program beneficiary.
When determining the eligibility or amount of benefits to be received by a designated beneficiary of an ABLE savings program, a state or local agency may not consider a contribution to an account in a qualified ABLE savings program, earnings on the contribution, or a distribution from the account for qualified disability expenses as defined in section 529A(e)(5) of the Internal Revenue Code, 26 U.S. C. 529A(e)(5), as of January 1, 2016.
Source:
SL 2016, ch 149, §2.
2023 South Dakota Codified Laws › Title 28 - Public Welfare and Assistance › Chapter 21 - ABLE Savings Program › Section 28-21-3 - Information about ABLE savings programs.

28-21-3. Information about ABLE savings programs.
The council may provide information about ABLE savings programs to residents of this state. The state investment officer and the employees of the Division of Investment may assist the council in carrying out its duties under this chapter.
Source:
SL 2016, ch 149, §3.
2023 South Dakota Codified Laws › Title 28 - Public Welfare and Assistance › Chapter 21 - ABLE Savings Program › Section 28-21-4 - ABLE accounts not guaranteed.

28-21-4. ABLE accounts not guaranteed.
Nothing in this chapter creates any obligation of the council, the state, state investment officer, the Division of Investment, or any agency or instrumentality of the state to guarantee for the benefit of any account owner or designated beneficiary with respect to the return of principal, rate of interest or other return on any account, or payment of interest or other return on any account.
Source:
SL 2016, ch 149, §4.
2023 South Dakota Codified Laws › Title 28 - Public Welfare and Assistance › Chapter 21 - ABLE Savings Program › Section 28-21-5 - Immunity from liability.

28-21-5. Immunity from liability.
The council, each council member, the state investment officer, and each employee of the Division of Investment personally is immune from any and all liability for actions taken in good faith in the discharge of the council's responsibilities under this chapter.
Source:
SL 2016, ch 149, §5.
2023 South Dakota Codified Laws › Title 28 - Public Welfare and Assistance › Chapter 22 - Rate-setting for Community-based Health and Human Services Providers › Section 28-22-1 - Rate-setting methodology for services.

28-22-1. Rate-setting methodology for services.
The Department of Social Services and the Department of Human Services shall jointly establish a rate-setting methodology for services delivered by community-based health and human services providers. Each category of service shall undergo a comprehensive rate modeling analysis at least every five years. The departments may elect to conduct the analysis earlier or on a more frequent basis if warranted by cost report information or other market conditions. Any new service model shall undergo comprehensive rate modeling analysis prior to implementation.
Source:
SL 2017, ch 122, §1.
2023 South Dakota Codified Laws › Title 28 - Public Welfare and Assistance › Chapter 22 - Rate-setting for Community-based Health and Human Services Providers › Section 28-22-2 - Information for rate modeling analysis--Public record.

28-22-2. Information for rate modeling analysis--Public record.
Rate modeling analysis shall include a review of current cost report data, specific service delivery and staffing requirements, training and fidelity standards associated with related service models, current market factors, and current and impending state and federal policies that may impact the cost of service delivery. Any information gathered will be public record.
Source:
SL 2017, ch 122, §2.
2023 South Dakota Codified Laws › Title 28 - Public Welfare and Assistance › Chapter 22 - Rate-setting for Community-based Health and Human Services Providers › Section 28-22-3 - Rate modeling to include each service category.

28-22-3. Rate modeling to include each service category.
Rate modeling analyses shall be an inclusive work group process including providers representing each service category under review.
Source:
SL 2017, ch 122, §3.
2023 South Dakota Codified Laws › Title 28 - Public Welfare and Assistance › Chapter 22 - Rate-setting for Community-based Health and Human Services Providers › Section 28-22-4 - Adjustment of rate determination .

28-22-4. Adjustment of rate determination.
Rate determination resulting from rate modeling analyses utilizing historical cost report information shall be adjusted in a manner to be applied in a prospective fashion subject to federal requirements.
Source:
SL 2017, ch 122, §4.
2023 South Dakota Codified Laws › Title 28 - Public Welfare and Assistance › Chapter 22 - Rate-setting for Community-based Health and Human Services Providers › Section 28-22-5 - Annual report to Governor and Legislature.

28-22-5. Annual report to Governor and Legislature.
The department shall report any rate variance to the Governor and to the Legislature on an annual basis in conjunction with annual budget hearings.
Source:
SL 2017, ch 122, §5.
2023 South Dakota Codified Laws › Title 28 - Public Welfare and Assistance › Chapter 22 - Rate-setting for Community-based Health and Human Services Providers › Section 28-22-6 - Application of chapter.

28-22-6. Application of chapter.
This chapter applies to all state funded services, including federal funding, Medicaid and block grant fund sources, state general funds, and other funds allocated by the Department of Social Services or the Department of Human Services, that are provided by the following types of community-based providers:
(1)Nursing facilities;
(2)Assisted living facilities;
(3)In-home service providers;
(4)Group care providers;
(5)Psychiatric residential treatment facilities;
(6)Substance abuse disorder treatment and prevention providers;
(7)Community mental health centers;
(8)Intermediate care facilities for co-occurring intellectual and developmental disabilities;
(9)Community support providers; and
(10)Other types of providers deemed appropriate for inclusion by either the secretary of the Department of Social Services or the secretary of the Department of Human Services.
Source:
SL 2017, ch 122, §6.
2023 South Dakota Codified Laws › Title 29A - Uniform Probate Code › Chapter 01 - General Provisions, Definitions And Probate Jurisdiction Of Court › Section 29A-1-101 - Short title.

29A-1-101. Short title.
This title shall be known and may be cited as the South Dakota Uniform Probate Code. The code consists of chapters 29A-1 to 29A-6, inclusive.
Source:
SL 1995, ch 167, §1-101.
2023 South Dakota Codified Laws › Title 29A - Uniform Probate Code › Chapter 01 - General Provisions, Definitions And Probate Jurisdiction Of Court › Section 29A-1-102 - Purposes - Rule of construction.

29A-1-102. Purposes--Rule of construction.
The South Dakota Uniform Probate Code shall be liberally construed and applied to promote simplification, clarification, and efficiency in the law of decedent's estates, guardianship and conservatorship, and multiple-party accounts and other nonprobate transfers.
Source:
SL 1995, ch 167, §1-102; SL 1998, ch 282, §44; SL 2017, ch 208, §37.
2023 South Dakota Codified Laws › Title 29A - Uniform Probate Code › Chapter 01 - General Provisions, Definitions And Probate Jurisdiction Of Court › Section 29A-1-103 - Supplementary general principles of laws applicable.

29A-1-103. Supplementary general principles of laws applicable.
Unless displaced by the particular provisions of this code, the principles of law and equity supplement its provisions.
Source:
SL 1995, ch 167, §1-103.
2023 South Dakota Codified Laws › Title 29A - Uniform Probate Code › Chapter 01 - General Provisions, Definitions And Probate Jurisdiction Of Court › Section 29A-1-103.1 - Certain provisions governing express trusts for third-party beneficiaries applicable.

29A-1-103.1. Certain provisions governing express trusts for third-party beneficiaries applicable.
The provisions of §§55-3-24 to 55-3-44, inclusive, are applicable to actions or proceedings relating to estates supervised or administered under Title 29A.
Source:
SL 2000, ch 229, §21.
2023 South Dakota Codified Laws › Title 29A - Uniform Probate Code › Chapter 01 - General Provisions, Definitions And Probate Jurisdiction Of Court › Section 29A-1-104 - Severability.

29A-1-104. Severability.
If any provision of this code or the application thereof to any person or circumstances is held invalid, the invalidity shall not affect other provisions or applications of the code which can be given effect without the invalid provision or application, and to this end the provisions of this code are severable.
Source:
SL 1995, ch 167, §1-104.
2023 South Dakota Codified Laws › Title 29A - Uniform Probate Code › Chapter 01 - General Provisions, Definitions And Probate Jurisdiction Of Court › Section 29A-1-106 - Effect of fraud and evasion.

29A-1-106. Effect of fraud and evasion.
If fraud has been perpetrated in connection with any proceeding or in any statement filed under this code or if fraud is used to avoid or circumvent the provisions or purposes of this code, any person injured thereby may obtain appropriate relief against the perpetrator of the fraud or restitution from any person (other than a bona fide purchaser) benefitting from the fraud, whether innocent or not. Any proceeding must be commenced within two years after the discovery of the fraud, but no proceeding may be brought against one not a perpetrator of the fraud later than five years after the time of commission of the fraud. This section does not limit remedies relating to fraud perpetrated on a decedent during the decedent's lifetime which affect the succession of the decedent's estate.
Source:
SL 1995, ch 167, §1-106.
2023 South Dakota Codified Laws › Title 29A - Uniform Probate Code › Chapter 01 - General Provisions, Definitions And Probate Jurisdiction Of Court › Section 29A-1-107 - Evidence as to death or status.

29A-1-107. Evidence as to death or status.
In addition to the rules of evidence in courts of general jurisdiction, the following rules relating to a determination of death and status apply:
(1)Death occurs when an individual is determined to be dead under §34-25-18.1.
(2)A certified or authenticated copy of a death certificate issued by an official or agency of the place where the death occurred is prima facie proof of the fact, place, date, time of death, and identity of the decedent.
(3)A certified or authenticated copy of any record or report of a governmental agency, domestic or foreign, that an individual is dead, alive, or an absentee is prima facie proof of the status and of the dates, circumstances, and places disclosed by the record or report.
(4)In the absence of prima facie proof of death, the fact of death may be established by other competent evidence, including circumstantial evidence.
(5)An absentee who has not been seen or heard from for a continuous period of five years, and whose absence is not satisfactorily explained after diligent search or inquiry, is presumed to be dead and is presumed to have died at the end of the period.
(6)A document described in paragraph (2) or (3) that states a time of death 120 hours or more after the time of death of another individual is prima facie proof that the individual survived the other individual by 120 hours.
Source:
SL 1995, ch 167, §1-107.
2023 South Dakota Codified Laws › Title 29A - Uniform Probate Code › Chapter 01 - General Provisions, Definitions And Probate Jurisdiction Of Court › Section 29A-1-108 - Acts by holder of general power.

29A-1-108. Acts by holder of general power.
For the purpose of granting consent or approval with regard to the acts or accounts of a personal representative or trustee, and for purposes of consenting to modification or termination of a trust or to deviation from its terms, the sole holder or all co-holders of a presently exercisable general power of appointment are deemed to act for beneficiaries to the extent their interests (as objects, takers in default, or otherwise) are subject to the power.
Source:
SL 1995, ch 167, §1-108.
2023 South Dakota Codified Laws › Title 29A - Uniform Probate Code › Chapter 01 - General Provisions, Definitions And Probate Jurisdiction Of Court › Section 29A-1-301 - Territorial application.

29A-1-301. Territorial application.
Except as otherwise provided in this code, this code applies to and the court has jurisdiction over (1) the estates of decedents and absentees domiciled in this state, (2) the property of nonresident decedents located in this state or property coming into the control of a fiduciary who is subject to the laws of this state, (3) guardianship proceedings for individuals domiciled in or located in this state, (4) conservatorship proceedings for individuals domiciled in or who have property located in this state, and (5) multiple-person bank accounts and other nonprobate transfers in this state.
Source:
SL 1995, ch 167, §1-301.
2023 South Dakota Codified Laws › Title 29A - Uniform Probate Code › Chapter 01 - General Provisions, Definitions And Probate Jurisdiction Of Court › Section 29A-1-303 - Venue.

29A-1-303. Venue.
If a proceeding under this code could be maintained in more than one county in this state, the court of the county in which the proceeding is first commenced has the exclusive right to proceed unless that court determines that venue is properly in another court.
Source:
SL 1995, ch 167, §1-303.
2023 South Dakota Codified Laws › Title 29A - Uniform Probate Code › Chapter 01 - General Provisions, Definitions And Probate Jurisdiction Of Court › Section 29A-1-304 - Practice in court.

29A-1-304. Practice in court.
Unless specifically provided to the contrary in this code or unless inconsistent with its provisions, the rules of civil procedure, including the rules concerning vacation of orders and appellate review, govern formal proceedings under this code.
Source:
SL 1995, ch 167, §1-304.
2023 South Dakota Codified Laws › Title 29A - Uniform Probate Code › Chapter 01 - General Provisions, Definitions And Probate Jurisdiction Of Court › Section 29A-1-305 - Records and certified copies.

29A-1-305. Records and certified copies.
The clerk of court shall maintain a record of each document relating to a decedent's estate or guardianship or conservatorship which may be filed with the court under this code, including petitions and applications, demands for notices, and of any orders or responses relating thereto, and establish and maintain a system for indexing, filing, or recording which is sufficient to enable users of the records to obtain adequate information. Upon payment of the fees required by law the clerk must issue certified copies of any probated wills, letters, or any other record of paper filed or recorded. Certificates relating to probated wills must indicate whether the decedent was domiciled in this state and whether the probate was formal or informal. Certificates relating to letters must show the date of appointment.
Source:
SL 1995, ch 167, §1-305.
2023 South Dakota Codified Laws › Title 29A - Uniform Probate Code › Chapter 01 - General Provisions, Definitions And Probate Jurisdiction Of Court › Section 29A-1-306 - Jury trial.

29A-1-306. Jury trial.
(a) If duly demanded, a party is entitled to trial by jury in a formal testacy proceeding and any proceeding in which any controverted question of fact arises as to which any party has a constitutional right to trial by jury.
(b) If there is no right to trial by jury under subsection (a) or the right is waived, the court in its discretion may call a jury to decide any issue of fact, in which case the verdict is advisory only.
Source:
SL 1995, ch 167, §1-306.
2023 South Dakota Codified Laws › Title 29A - Uniform Probate Code › Chapter 01 - General Provisions, Definitions And Probate Jurisdiction Of Court › Section 29A-1-307 - Performance of acts and orders.

29A-1-307. Performance of acts and orders.
The acts and orders which this code specifies as performable by the clerk of court may be performed either by a judge of the court or by the clerk.
Source:
SL 1995, ch 167, §1-307.
2023 South Dakota Codified Laws › Title 29A - Uniform Probate Code › Chapter 01 - General Provisions, Definitions And Probate Jurisdiction Of Court › Section 29A-1-310 - Oath or affirmance on filed documents.

29A-1-310. Oath or affirmance on filed documents.
Except as otherwise specifically provided in this code, every document filed with the court under this code including applications, petitions, and demands for notice, shall be deemed to include an oath, affirmation, or statement to the effect that its representations are true as far as the person executing or filing it knows or is informed, and penalties for perjury may follow deliberate falsification in the document.
Source:
SL 1995, ch 167, §1-310.
2023 South Dakota Codified Laws › Title 29A - Uniform Probate Code › Chapter 01 - General Provisions, Definitions And Probate Jurisdiction Of Court › Section 29A-1-311 - Fixing time and place for hearings.

29A-1-311. Fixing time and place for hearings.
A judge or clerk of courts may fix a time and place for hearing on any guardianship petition, conservatorship petition, petition for testacy, appointment, or other probate matter pursuant to Title 29A as well as for any petitions relating to the administration of trust estates under chapter 21-22. Any order or notice signed by a clerk of courts need not be attested but shall be sealed with the official seal of the circuit court.
Source:
SL 1997, ch 110, §1.
2023 South Dakota Codified Laws › Title 29A - Uniform Probate Code › Chapter 01 - General Provisions, Definitions And Probate Jurisdiction Of Court › Section 29A-1-401 - Notice - Method and time of giving.

29A-1-401. Notice--Method and time of giving.
(a) If notice of a hearing on any petition is required and except for specific notice requirements as otherwise provided, the petitioner shall cause notice of the time and place of hearing of any petition, together with a copy of the petition, to be given to any interested person or the person's attorney if the person has appeared by attorney or requested that notice be sent to an attorney. Notice shall be given:
(1)By mailing a copy of the notice of hearing and of the petition at least fourteen days before the time set for the hearing by certified, registered, or ordinary first class mail addressed to the person being notified at the post office address given in the person's demand for notice, if any, or at the person's place of residence, if known;
(2)By delivering a copy of the notice of hearing and of the petition to the person being notified personally at least fourteen days before the time set for the hearing; or
(3)If the address or identity of any person is not known and cannot be ascertained with reasonable diligence, by publishing at least once a week for three consecutive weeks, a copy of the notice of hearing in a legal newspaper in the county where the hearing is to be held, the last publication of which is to be at least fourteen days before the time set for the hearing; or
(4)If any person entitled to notice is a resident of a foreign country, by mailing a copy of the notice of hearing and a copy of the petition to the legation of the foreign country at Washington, D.C. at least fourteen days prior to the date fixed for hearing.
(b) The court for good cause shown may provide for a different method or time of giving notice for any hearing.
(c) Proof of the giving of notice shall be made on or before the hearing and filed in the proceeding.
Source:
SL 1995, ch 167, §1-401; SL 1997, ch 171, §1; SL 2000, ch 135, §1; SL 2004, ch 188, §1.
2023 South Dakota Codified Laws › Title 29A - Uniform Probate Code › Chapter 01 - General Provisions, Definitions And Probate Jurisdiction Of Court › Section 29A-1-402 - Notice - Waiver.

29A-1-402. Notice--Waiver.
A person, including a guardian ad litem, conservator, or other fiduciary, may waive notice by a writing signed by the person or the person's attorney and filed in the proceeding. An individual for whom a guardianship or conservatorship is sought, or for whom a guardian or conservator has been appointed, may not waive notice.
Source:
SL 1995, ch 167, §1-402.
2023 South Dakota Codified Laws › Title 29A - Uniform Probate Code › Chapter 02 - Intestate Succession And Wills › Section 29A-2-101 - Intestate estate.

29A-2-101. Intestate estate.
(a) Any part of a decedent's estate not effectively disposed of by will or otherwise passes by intestate succession to the decedent's heirs as prescribed in this code, except as modified by the decedent's will.
(b) A decedent by will may expressly exclude or limit the right of an individual or class to succeed to property of the decedent passing by intestate succession. If that individual or a member of that class survives the decedent, the share of the decedent's intestate estate to which that individual or class would have succeeded passes as if that individual or all members of that class had disclaimed their intestate shares.
Source:
SL 1995, ch 167, §2-101.
2023 South Dakota Codified Laws › Title 29A - Uniform Probate Code › Chapter 02 - Intestate Succession And Wills › Section 29A-2-102 - Share of the spouse.

29A-2-102. Share of the spouse.
The intestate share of a decedent's surviving spouse is:
(1)The entire intestate estate if:
(i)No descendant of the decedent survives the decedent; or
(ii)All of the decedent's surviving descendants are also descendants of the surviving spouse;
(2)The first $100,000, plus one-half of any balance of the intestate estate, if one or more of the decedent's surviving descendants are not descendants of the surviving spouse.
Source:
SL 1995, ch 167, §2-102.
2023 South Dakota Codified Laws › Title 29A - Uniform Probate Code › Chapter 02 - Intestate Succession And Wills › Section 29A-2-103 - Shares of heirs other than surviving spouse.

29A-2-103. Shares of heirs other than surviving spouse.
Any part of the intestate estate not passing to the decedent's surviving spouse under §29A-2-102, or the entire intestate estate if there is no surviving spouse, passes in the following order to the individuals designated below who survive the decedent:
(1)To the decedent's descendants by representation;
(2)If there is no surviving descendant, to the decedent's parents equally if both survive, or to the surviving parent;
(3)If there is no surviving descendant or parent, to the descendants of the decedent's parents or either of them by representation;
(4)If there is no surviving descendant, parent, or descendant of a parent, but the decedent is survived by one or more grandparents or descendants of grandparents, half of the estate passes to the decedent's paternal grandparents equally if both survive, or to the surviving paternal grandparent, or by representation to the descendants of the decedent's paternal grandparents or either of them if both are deceased; and the other half passes to the decedent's maternal relatives in the same manner; but if there is no surviving grandparent or descendant of a grandparent on either the paternal or the maternal side, the entire estate passes to the decedent's relatives on the other side in the same manner as the half.
Source:
SL 1995, ch 167, §2-103.
2023 South Dakota Codified Laws › Title 29A - Uniform Probate Code › Chapter 02 - Intestate Succession And Wills › Section 29A-2-104 - Requirement that heir survive decedent for 120 hours.

29A-2-104. Requirement that heir survive decedent for 120 hours.
An individual who fails to survive the decedent by 120 hours is deemed to have predeceased the decedent for purposes of homestead allowance, exempt property, and intestate succession, and the decedent's heirs are determined accordingly. This section is not to be applied if its application would result in a taking of intestate estate by the state under §29A-2-105.
Source:
SL 1995, ch 167, §2-104.
2023 South Dakota Codified Laws › Title 29A - Uniform Probate Code › Chapter 02 - Intestate Succession And Wills › Section 29A-2-105 - No taker.

29A-2-105. No taker.
If there is no taker under the provisions of this chapter, the intestate estate passes to the State of South Dakota as provided in §29A-3-914.
Source:
SL 1995, ch 167, §2-105.
2023 South Dakota Codified Laws › Title 29A - Uniform Probate Code › Chapter 02 - Intestate Succession And Wills › Section 29A-2-106 - Representation.

29A-2-106. Representation.
(a) If, under §29A-2-103(1), a decedent's intestate share or a part thereof passes "by representation" to the decedent's descendants, the estate or part thereof is divided into as many equal shares as there are (i) surviving children of the decedent, if any, and (ii) children of the decedent who failed to survive the decedent but who left descendants who survive the decedent. Each surviving child is allocated one share. The share of each child who failed to survive the decedent but who left descendants who survive the decedent is divided in the same manner, with subdivision repeating at each succeeding generation until the share is fully allocated among surviving descendants.
(b) If, under §29A-2-103(3) or (4), a decedent's intestate estate or a part thereof passes "by representation" to the descendants of the decedent's parents or either of them or to the descendants of the decedent's paternal or maternal grandparents or either of them, the estate or part thereof is divided into as many equal shares as there are (i) children of the designated ancestor or ancestors who survived the decedent, if any, and (ii) children of the designated ancestor or ancestors who failed to survive the decedent but who left descendants who survive the decedent. Each surviving child is allocated one share. The share of each child who failed to survive the decedent but who left descendants who survive the decedent is divided in the same manner, with subdivision repeating at each succeeding generation until the share is fully allocated among surviving descendants.
Source:
SL 1995, ch 167, §2-106.
2023 South Dakota Codified Laws › Title 29A - Uniform Probate Code › Chapter 02 - Intestate Succession And Wills › Section 29A-2-107 - Kindred of half blood.

29A-2-107. Kindred of half blood.
Relatives of the half blood inherit the same share they would inherit if they were of the whole blood.
Source:
SL 1995, ch 167, §2-107.
2023 South Dakota Codified Laws › Title 29A - Uniform Probate Code › Chapter 02 - Intestate Succession And Wills › Section 29A-2-108 - Afterborn heirs.

29A-2-108. Afterborn heirs.
An individual is treated as living at that time if the individual was conceived prior to a decedent's death, born within ten months of a decedent's death, and survived one hundred twenty hours or more after birth.
Source:
SL 1995, ch 167, §2-108; SL 2007, ch 247, §3.
2023 South Dakota Codified Laws › Title 29A - Uniform Probate Code › Chapter 02 - Intestate Succession And Wills › Section 29A-2-109 - Advancements.

29A-2-109. Advancements.
(a) If an individual dies intestate as to all or a portion of that individual's estate, property the decedent gave during the decedent's lifetime to an individual who, at the decedent's death, is an heir is treated as an advancement against the heir's intestate share only if (i) the decedent declared in a writing or the heir acknowledged in writing that the gift is an advancement or (ii) the decedent's writing or the heir's written acknowledgment otherwise indicates that the gift is to be taken into account in computing the division and distribution of the decedent's intestate estate.
(b) For purposes of subsection (a), property advanced is valued as of the time the heir came into possession or enjoyment of the property or as of the time of the decedent's death, whichever first occurs.
(c) If the recipient of the property fails to survive the decedent, the property is not taken into account in computing the division and distribution of the decedent's intestate estate, unless the decedent's writing provides otherwise.
Source:
SL 1995, ch 167, §2-109.
2023 South Dakota Codified Laws › Title 29A - Uniform Probate Code › Chapter 02 - Intestate Succession And Wills › Section 29A-2-110 - Debts to decedent.

29A-2-110. Debts to decedent.
A debt owed to a decedent is not charged against the intestate share of any individual except the debtor. If the debtor fails to survive the decedent, the debt is not taken into account in computing the intestate share of the debtor's descendants.
Source:
SL 1995, ch 167, §2-110.
2023 South Dakota Codified Laws › Title 29A - Uniform Probate Code › Chapter 02 - Intestate Succession And Wills › Section 29A-2-111 - Alienage.

29A-2-111. Alienage.
No individual is disqualified to take as an heir because that individual or another individual through whom that individual claims is or has been an alien.
Source:
SL 1995, ch 167, §2-111.
2023 South Dakota Codified Laws › Title 29A - Uniform Probate Code › Chapter 02 - Intestate Succession And Wills › Section 29A-2-113 - Individual related to decedent through two lines.

29A-2-113. Individual related to decedent through two lines.
An individual who is related to the decedent through two lines of relationship is entitled to only a single share based on the relationship that would entitle the individual to the larger share.
Source:
SL 1995, ch 167, §2-113.
2023 South Dakota Codified Laws › Title 29A - Uniform Probate Code › Chapter 02 - Intestate Succession And Wills › Section 29A-2-114 - Parent and child relationships.

29A-2-114. Parent and child relationships.
(a) For purposes of intestate succession by, from, or through a person, and except as provided in subsection (b), an individual born out of wedlock is the child of that individual's birth parents. However, inheritance from or through the child by a birth parent or that birth parent's kindred is precluded unless that birth parent has openly treated the child as kindred, and has not refused to support the child.
(b) For purposes of intestate succession by, from, or through a person, an adopted individual is the child of that individual's adopting parent or parents and not of that individual's birth parents, except that:
(1)Adoption of a child by the spouse of a birth parent has no effect on (i) the relationship between the child and the birth parent whose spouse has adopted the child or (ii) the right of the child or a descendant of the child to inherit from or through the other birth parent; and
(2)Adoption of a child by a birth grandparent or a descendant of a birth grandparent of the child has no effect on the right of the child or a descendant of the child to inherit from or through either birth parent;
(c) The identity of the mother of an individual born out of wedlock is established by the birth of the child. The identity of the father may be established by the subsequent marriage of the parents, by a written acknowledgment by the father during the child's lifetime, by a judicial determination of paternity during the father's lifetime, or by a presentation of clear and convincing proof in the proceeding to settle the father's estate.
Source:
SL 1995, ch 167, §2-114.
2023 South Dakota Codified Laws › Title 29A - Uniform Probate Code › Chapter 02 - Intestate Succession And Wills › Section 29A-2-201 - Definitions.

29A-2-201. Definitions.
In this Part:
(1)As used in sections other than §29A-2-205, "decedent's nonprobate transfers to others" means the amounts that are included in the augmented estate under §29A-2-205.
(2)"Fractional interest in property held in joint tenancy with the right of survivorship" means the fraction, the numerator of which is one and the denominator of which, if the decedent was a joint tenant, is one plus the number of joint tenants who survive the decedent and which, if the decedent was not a joint tenant, is the number of joint tenants.
(3)"Marriage," as it relates to a transfer by the decedent during marriage, means any marriage of the decedent to the decedent's surviving spouse.
(4)"Nonadverse party" means a person who does not have a substantial beneficial interest in the trust or other property arrangement that would be adversely affected by the exercise or nonexercise of the power that the person possesses respecting the trust or other property arrangement. A person having a general power of appointment over property is deemed to have a beneficial interest in the property.
(5)"Power" or "power of appointment" includes a power to designate the beneficiary of a beneficiary designation.
(6)"Probate estate" means homestead allowance, family allowances, exempt property and property that would pass by intestate succession if the decedent died without a valid will.
(7)"Property" includes values subject to a beneficiary designation.
(8)"Right to income" includes a right to payments under a commercial or private annuity, an annuity trust, a unitrust, a pension, profit-sharing or other retirement plan or account, or a similar arrangement.
(9)"Transfer," as it relates to a transfer by or of the decedent, includes (A) an exercise or release of a presently exercisable general power of appointment held by the decedent, (B) a lapse at death of a presently exercisable general power of appointment held by the decedent, and (C) an exercise, release, or lapse of a general power of appointment that the decedent created in the decedent's own favor and of a power described in §29A-2-205(2)(ii) that the decedent conferred on a nonadverse party.
Source:
SL 1995, ch 167, §2-201.