Section 21-44-27 – Spousal joint tenancy termination.
21-44-27. Spousal joint tenancy termination. If the spouse of a decedent is the sole surviving joint tenant in real property, any interested person may terminate the joint tenancy by furnishing the register of deeds of the county where the property is located with an affidavit setting forth the following: (1)The name and date of death […]
Section 21-44-23 – Recording of judgment terminating estate–Prima facie evidence.
21-44-23. Recording of judgment terminating estate–Prima facie evidence. A certified copy of the order or judgment of the circuit court must be filed in the office of the register of deeds of the county wherein the real estate involved, or any portion sought to be affected by the judgment is situated. Thirty days after such […]
Section 21-44-24 – Action to set aside judgment terminating estate–Bona fide purchaser or encumbrancer protected.
21-44-24. Action to set aside judgment terminating estate–Bona fide purchaser or encumbrancer protected. Any person interested who questions the fact of such death may at any time commence an action in the circuit court to set aside the judgment or order of the court and file for record in the office of such register of […]
Section 21-44-25 – Prospective and retrospective application of chapter.
21-44-25. Prospective and retrospective application of chapter. This chapter shall apply regardless of whether the death of the life tenant is claimed to have occurred prior or subsequent to the enactment of this code. Source: SDC 1939 & Supp 1960, §37.1202.
Section 21-44-26 – Remedy not exclusive.
21-44-26. Remedy not exclusive. The remedy provided by this chapter is not exclusive, and any remainderman or his successor in interest may resort to any other remedy provided by this code, for the establishment of any rights growing out of the claimed death of the life tenant. Source: SDC 1939 & Supp 1960, §37.1209.
Section 21-44-11 – Validation of prior inheritance tax determinations in circuit court.
21-44-11. Validation of prior inheritance tax determinations in circuit court. All proceedings had prior to July 1, 1953, in any of the circuit courts of this state for the termination of a life estate, or life estates, wherein (1)An inheritance tax report has been filed with the Department of Revenue of the State of South […]
Section 21-44-12 – Persons permitted to appear at hearing on termination of estate.
21-44-12. Persons permitted to appear at hearing on termination of estate. Upon the hearing ordered pursuant to §21-44-8 any person interested may appear and be heard on the question of whether the relief prayed for in the petition is to be granted. Source: Supreme Court Rule 576, 1939; SDC 1939, §37.1206; Supreme Court Rule adopted […]
Section 21-44-13 – Procedure on contested petitions.
21-44-13. Procedure on contested petitions. If the petition is contested, the procedure shall be the same as upon other trials to the court, and the court must make findings of fact and conclusions of law unless the same are waived by any method of waiver provided by law. Source: SDC 1939 & Supp 1960, §37.1207.
Section 21-44-14 – Inquiry and proof required on uncontested petition.
21-44-14. Inquiry and proof required on uncontested petition. Whether or not such petition is opposed, the court must inquire into the matters set forth and shall grant the prayer of such petition only if satisfied that the life tenant is in fact deceased, and that his right, title, or interest in, or lien or encumbrance […]
Section 21-44-15 – Clear and convincing proof required–Adjournment to secure additional evidence–Affidavits to establish death of life tenant.
21-44-15. Clear and convincing proof required–Adjournment to secure additional evidence–Affidavits to establish death of life tenant. Clear and convincing proof of the identity and death of the life tenant must be submitted. If the court is not satisfied with the proof offered at the hearing whether it be contested or not, the court may adjourn […]