Sale, encumbrance, or transaction involving conflict of interest--Voidable--Exceptions

SDCL § 29A-3-713 — under PROBATE OF WILLS AND ADMINISTRATION.

SDCL § 29A-3-713

Any sale or encumbrance to the personal representative, the personal representative's spouse, agent or attorney, or any corporation or trust in which the personal representative has a substantial beneficial interest, or any transaction which is affected by a substantial conflict of interest on the part of the personal representative, is voidable by any person interested in the estate except one who has consented after fair disclosure, unless: (1) The will or a contract entered into by the decedent expressly authorized the transaction; or (2) The transaction is approved by the court after notice to interested persons. Source: SL 1994, ch 232 , § 3-713.