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.
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.
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.
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.
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: […]
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 […]
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 […]
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 […]
Section 29A-1-201 – General Definitions.
29A-1-201. General definitions. Subject to additional definitions contained in the subsequent chapters that are applicable to specific chapters, parts, or sections, and unless the context otherwise requires, in this code: (1)”Absentee” means an individual who has disappeared, who has been forcibly detained either illegally or by a foreign power, or who is otherwise located in […]
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 […]
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.
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.
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 […]
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 […]
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.
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 […]
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. […]
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 […]
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 […]