21-36-1. Power of state to maintain actions and proceedings–Prosecution by attorney general or state’s attorney. Whenever the title to any real or personal property, situate in this state, shall fail through defect of heirs and escheat to the state, the state may thereupon maintain any action, suit, or proceeding necessary to recover the possession of […]
21-36-10. Publication of summons and complaint–Personal service–Service by mail. Upon the filing of said summons and complaint the court shall make its order that the summons be published in some newspaper to be designated in said order as the newspaper most likely to give notice of the pendency of the action, at least once in […]
21-36-11. Answer to complaint–Reply. Any person named as a defendant, and any person who may claim any interest in and to said estate, may answer to said complaint, setting forth the nature of his claim with a prayer for such relief as he may deem himself entitled to. The plaintiff may thereupon, within thirty days […]
21-36-12. Receiver appointed on application by state. Upon the filing of said complaint, the court may, upon application of the state’s attorney or attorney general, either before or after answer, upon notice to the party claiming such estate, if known, sufficient cause therefor being shown, appoint a receiver to take charge of said estate, and […]
21-36-13. Concurrent remedies by action and participation in probate proceedings. The right of action created by this chapter shall be concurrent with and in addition to the right of the state to conduct or participate in probate proceedings affecting the same property, and the two methods of procedure hereby authorized may be conducted without interference […]
21-36-14. Retention of jurisdiction by circuit court for payment of claims and conservation of estate–Surrender of property to receiver–Stay of proceedings in circuit court. In all cases where the circuit court, exercising probate jurisdiction, has acquired jurisdiction by the appointment of a personal representative for an estate prior to the filing of the complaint in […]
21-36-15. Circuit court not to settle estate unless state has intervened. The circuit court shall make no order in any manner disposing of or distributing the property belonging to an estate, except for the purpose of paying claims of creditors, unless the attorney general has instituted, or intervened in such probate proceedings, in which case […]
21-36-16. Claims to distributive shares determined in circuit court–Practice and procedure rules. In all cases brought under the provisions of this chapter, all claims as heirs to any distributive share or portion of said estate shall be determined in the action in the circuit court. All matters of practice and procedure not otherwise provided herein […]
21-36-17. Judgment for state if no answer or motion served–Proof required. If, in an action brought under the provisions of this chapter, no answer or motion be served within the time required by §21-36-9 the plaintiff may apply to the court for judgment in accordance with the prayer of the complaint, but no judgment shall […]
21-36-18. Placement on trial calendar if issue joined. If the issue be joined by the service of an answer by any defendant, the cause shall be placed upon the trial calendar of the next regular term of said court by the service of notice of trial as provided by law and the rules of court. […]
21-36-19. Pleadings and testimony in prior proceedings admissible in evidence. Upon the trial of said action in the circuit court, the original or a duly certified copy of any petition, pleading, order, finding, or judgment, and the official or proven copy of the testimony of any witness, or other evidence received upon any former hearing […]
21-36-2. Report by state’s attorneys and circuit judges of possible escheats. It shall be the duty of state’s attorneys and circuit judges to report to the Governor or to the attorney general all cases coming to their attention wherein there is reason to believe that any real or personal property has escheated or may escheat […]
21-36-20. Hearing and judgment–Costs. Upon the trial of the action, after issue joined, or upon the hearing of proofs on the part of the state in cases of default, the court shall make its findings and render judgment in accordance with the facts and the law of the case, which judgment shall be final and […]
21-36-21. Recording of judgment where title to real property determined. In case the title to real property is determined, a certified copy of the judgment of the court shall be recorded in the office of the register of deeds of the county in which such real estate is situated. Source: SL 1909, ch 104, §7; […]
21-36-22. Personal property sold–Proceeds held in special fund–Fixtures treated as personal property–Credit to school fund. Personal property, other than money, shall be converted into cash by the receiver appointed by the court, or the administrator of the estate, under the direction of the court, and the proceeds thereof together with all moneys recovered, after first […]
21-36-23. Real property managed by commissioner of school and public lands–Sale of property–Disposition of proceeds. Any real estate recovered under the provisions of this chapter shall be surrendered by the receiver, or administrator to the commissioner of school and public lands and shall be leased and managed by him subject to the rights of recovery […]
21-36-24. Action by heirs to recover property escheated–Time for bringing action. In all cases where property has or may be hereafter escheated to the State of South Dakota by proceedings had in any court of this state, any person or persons who may be legally entitled to the same or an heir or heirs of […]
21-36-25. Summons and complaint of adverse claimant–Answer and trial. The adverse claimant or claimants may serve and file a summons and a complaint in the circuit court for the county where such action was brought, alleging his claim or right to said property or the proceeds thereof. A copy of such summons and complaint shall […]
21-36-26. Judgment for claimant to escheated property–Restoration of property–Interest not included in judgment. If judgment shall be awarded the claimant, the court must order the property if not sold, to be delivered to him by the receiver, administrator, or the commissioner of school and public lands, or if it has been sold and the proceeds […]
21-36-27. Claims to escheated property barred by limitations–Persons under disability. All persons who fail to appear and file their complaint within the time limited by this chapter are forever barred, saving, however, to infants and persons of unsound mind the right to appear and file their complaint within one year after their respective disabilities cease. […]
