Title 29A — UNIFORM PROBATE CODE
9 chapters · 399 sections in this title.
SDCL § 29A-6-423 Limitation of beneficiary liability
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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 …
SDCL § 29A-6-424 More than one transfer on death deed at time of death--Beneficiaries jointly and severally liable to creditors
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In any case where a deceased transferor has more than one transfer on death deed at the time of transferor's death, all of the beneficiaries therein are jointly and severally liable to the creditors or personal representative of the deceased transferor as herein provided and any …
SDCL § 29A-6-425 Purchaser for value or lender acquiring security interest in property takes property free of claims
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A purchaser for value of property or a lender who acquires a security interest in the property from a beneficiary of a transfer on death deed after the death of the owner, in good faith, takes the property free of any claims of or liability to the owner's estate, creditors of the…
SDCL § 29A-6-426 Agent may not modify beneficiary designation unless authorized
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An attorney in fact, custodian, conservator, or other agent may not make, revoke, or change a beneficiary designation unless the document establishing the agent's right to act, or a court order, expressly authorizes such action and such action complies with the terms of the gover…
SDCL § 29A-6-427 Recording of transfer of deceased owner's property--Affidavit of confirmation
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The transfer of a deceased owner's property or interest in property must be recorded with the register of deeds in the county where the property is located by filing an affidavit of confirmation executed by any designated beneficiary to whom the transfer is made. The affidavit of…
SDCL § 29A-6-428 Index reference in the record of deeds
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The register of deeds shall make an index reference in the record of deeds to any affidavit of confirmation filed with the register of deeds under the provisions of this part. Source: SL 2014, ch 133 , § 28.
SDCL § 29A-6-429 Falsification of affidavit of confirmation
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Any person who knowingly makes any false statement in an affidavit of confirmation is guilty of falsification under §
SDCL § 29A-6-430 Optional form of transfer on death deed
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The following form may be used to create a transfer on death deed. The provisions of this part govern the effect of this or any other instrument used to create a transfer on death deed. REVOCABLE TRANSFER ON DEATH DEED Notice to Owner: This deed will transfer ownership of the pro…
SDCL § 29A-6-431 Optional form of revocation
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The following form may be used to create an instrument of revocation under this part. The provisions of this part govern the effect of this or any other instrument used to revoke a transfer on death deed. REVOCATION OF TRANSFER ON DEATH DEED Identifying Information Owner(s) of Pr…
SDCL § 29A-6-432 Optional form of affidavit of confirmation
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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, __________…
SDCL § 29A-6-433 Uniformity of application and construction
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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.
SDCL § 29A-6-434 Relation to Electronic Signatures in Global and National Commerce Act
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The provisions of this part modify, limit, and supersede the federal Electronic Signatures in Global and National Commerce Act, 15 U.S.C. Section 7001, et seq., but do not modify, limit, or supersede Section 101(c) of that Act, 15 U.S.C. Section 7001(c), or authorize electronic d…
SDCL § 29A-6-435 Applicability of chapter
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The provisions of this part apply to any transfer on death deed executed, acknowledged, and recorded after July 1, 2014. Source: SL 2014, ch 133 , § 35.