Effect of affidavit

(a) The person paying, delivering, transferring, or issuing personal property or the evidence thereof pursuant to affidavit is discharged and released as if the person had dealt with a personal representative of the decedent, and is not required to see to the application of the personal property or evidence thereof or to inquire into the truth of any statement in the affidavit. (b) If any person to whom an affidavit is delivered refuses to pay, deliver, transfer, or issue any personal property or evidence thereof, it may be recovered in a proceeding by or on behalf of the persons entitled to receive it upon proof of the facts required to be stated in the affidavit. (c) Any person to whom payment, delivery, transfer or issuance is made is liable and accountable therefor to any personal representative of the estate or to any other person having a superior right. (d) Any affiant receiving payment or delivery of personal property under this section shall be responsible for seeing that the property is applied to liens and encumbrances, homestead allowance, exempt property, family allowance, funeral expenses, expenses of administration and creditor claims, as required by law, and that any remaining property is distributed to heirs and devisees entitled thereto. (e) An affiant submits personally to the jurisdiction of the courts of this state in any proceeding relating to the affidavit that may be instituted by any interested person. Source: SL 1994, ch 232 , § 3-1202; SL 1995, ch 167 , § 137. APPENDIX A. APPENDIX TO CHAPTER 29A-3 The Supreme Court of South Dakota by order dated March 17, 1997, adopted the following rule: State of South Dakota ) In Circuit Court County of ________ ) ss ______________ Judicial Circuit ) Estate of ) ____________________ ) FILE NO.____________ Deceased ) STATEMENT OF CLAIM This claim is made against the estate: Description of Claim Due Date, If Not Yet Due Amount 1._______________________ ____________________ $__________ 2._______________________ ____________________ $__________ 3._______________________ ____________________ $__________ 4._______________________ ____________________ $__________ 5._______________________ ____________________ $__________ TOTAL CLAIM $__________ * This claim is unsecured. * This claim is secured by __________. * This claim is contingent or unliquidated because __________. __________. Dated _______. __________ Claimant's Signature __________ Claimant's Name __________ Claimant's Address __________ Claimant's Telephone Number (The following information shall appear on the back of the Statement of Claim form) How To Use This Form: The Statement of Claim is presented by: 1. Filing the Statement of Claim with the clerk of courts and mailing a copy to the personal representative, or 2. Mailing or delivering the Statement of Claim to the personal representative. (A proof of notice should be filed with the clerk if the Statement of Claim is mailed to the personal representative.) If the claim is not yet due, the date when it will become due must be stated. If the claim is secured, the security must be described. If the claim is contingent or unliquidated, the nature of the uncertainty must be stated. See SDCL 29A-3-804. Comments: No presentation of claim is required in regard to matters claimed in court proceedings brought against the decedent which were pending in any court at the time of death. See SDCL 29A-3-804(b). A claim can be "presented" by commencing an action against the personal representative within the time for presenting a claim. See SDCL 29A-3-804(a)(2). The time limitations specified in SDCL 29A-3-803 do not apply to liability claims against the decedent or the personal representative to the extent that they are "protected by liability insurance," or any proceeding to enforce any mortgage, pledge, or other lien upon property of the estate. Source: SL 1997, ch 348 (Supreme Court Rule 97-43).