Section 29A-6-432 – Optional form of affidavit of confirmation.
29A-6-432. Optional form of affidavit of confirmation. The following form or a document that contains substantially all of the following information may be used to create the affidavit of confirmation: AFFIDAVIT OF CONFIRMATION AND SURVIVORSHIP FOR TRANSFER ON DEATH DEED State of South Dakota County of _________________ I, ________________________, being first duly sworn on oath, […]
Section 29A-6-433 – Uniformity of application and construction.
29A-6-433. Uniformity of application and construction. In applying and construing this part, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among the states that enact it. Source: SL 2014, ch 133, §33.
Section 29A-6-421 – Action by creditor or personal representative against beneficiary–Time limitations.
29A-6-421. Action by creditor or personal representative against beneficiary–Time limitations. Unless a settlement is made with the beneficiary, a creditor or personal representative of the deceased transferor may institute an action in any court of competent jurisdiction, within six months after the death of the transferor, against the beneficiary setting forth such claim, unless the […]
Section 29A-6-422 – Proof of insufficient other property to satisfy debts and obligations–Presumption.
29A-6-422. Proof of insufficient other property to satisfy debts and obligations–Presumption. In any action instituted by a creditor or personal representative of a deceased transferor, as specified in §29A-6-421, the person instituting the action shall allege and prove that there is not sufficient other property standing in the name of the deceased transferor at the […]
Section 29A-6-423 – Limitation of beneficiary liability.
29A-6-423. Limitation of beneficiary liability. The beneficiary is liable to the creditors or personal representatives of the deceased transferor for the lawful debts and obligations of the deceased transferor only in an amount equal to the value of the property contributed by the deceased transferor determined as of the time of transferor’s death, but subject […]
Section 29A-6-414 – Effect of transfer on death deed during transferor’s life.
29A-6-414. Effect of transfer on death deed during transferor’s life. During a transferor’s life, a transfer on death deed does not: (1)Affect an interest or right of the transferor or any other owner, including the right to transfer or encumber the property; (2)Affect an interest or right of a designated beneficiary, even if the designated […]
Section 29A-6-415 – Effect of transfer on death deed at transferor’s death.
29A-6-415. Effect of transfer on death deed at transferor’s death. Except as otherwise provided in the transfer on death deed, in this section, §§29A-2-603, 29A-2-701, 29A-2-802, or 29A-2-803, revocation by divorce or homicide, survival and simultaneous death, and elective share, on the death of the transferor, the following rules apply to property that is the […]
Section 29A-6-416 – Beneficiary takes property subject to all interests present at transferor’s death.
29A-6-416. Beneficiary takes property subject to all interests present at transferor’s death. Subject to chapter 43-28, a beneficiary takes the property subject to all conveyances, encumbrances, assignments, contracts, mortgages, liens, and other interests to which the property is subject at the transferor’s death. For purposes of this section and chapter 43-28, the recording of the […]
Section 29A-6-417 – Effect of transfer on death deed when transferor is joint owner.
29A-6-417. Effect of transfer on death deed when transferor is joint owner. If a transferor is a joint owner and is: (1)Survived by one or more other joint owners, then the property that is the subject of a deed belongs to the surviving joint owner or owners with right of survivorship; or (2)The last surviving […]
Section 29A-6-418 – Transfer on death deed transfers property without covenant or warranty of title.
29A-6-418. Transfer on death deed transfers property without covenant or warranty of title. A transfer on death deed transfers property without covenant or warranty of title even if the deed contains a contrary provision. Source: SL 2014, ch 133, §18.