21-22-2. Application of chapter and §§55-3-24 to 55-3-48.
This chapter applies to all trusts if any part of the trust estate has its situs within this state or if the trustee or a beneficiary resides in this state, except as otherwise specifically provided by statute or rule of court, the intent being to exclude therefrom such trusts as a statutory assignment for the benefit of creditors, probate administrations, conservatorships, and all other trusts as to which specific provision is made for court supervision. The provisions of §§55-3-24 to 55-3-48, inclusive, are applicable to actions or proceedings relating to trusts supervised or administered under this chapter.
Source: SDC 1939 & Supp 1960, §33.2602; SL 1993, ch 213, §98; SL 2000, ch 229, §19; SL 2016, ch 231, §27.
Structure South Dakota Codified Laws
Chapter 22 - Administration Of Trust Estates
Section 21-22-1 - Definition of terms.
Section 21-22-2 - Application of chapter and §§ 55-3-24 to 55-3-48.
Section 21-22-3 - Inventory and documents filed by court trustee--Contents.
Section 21-22-4 - Appointment by nonresident trustee of agent to receive process.
Section 21-22-5 - County in which trustee's inventory and attached papers filed.
Section 21-22-6 - Commencement of supervision by court.
Section 21-22-7 - Petition, hearing and order dispensing with court supervision.
Section 21-22-7.1 - Notice of entry of order--Requirements.
Section 21-22-8 - Petition, hearing, and order resuming court supervision.
Section 21-22-9 - Petition, hearing, and order for court supervision of other trust--Information.
Section 21-22-11 - Bond required despite terms of trust instrument.
Section 21-22-12 - Vacancy of office of trustee--Successor--Temporary trustee--Resigned trustee.
Section 21-22-13 - Petitions relevant to trust administration--Hearing--Order.
Section 21-22-14 - Annual verified report of trustee--Optional calendar year basis.
Section 21-22-15 - Final report of trustee--Contents.
Section 21-22-16 - Objections to report of fiduciary or beneficiary--Adjournment of hearing--Order.
Section 21-22-17 - Contents of notice of hearings--Trustee's account attached.
Section 21-22-18 - Parties served with notice--Personal, mail, or electronic service.
Section 21-22-19 - Publication of notice in lieu of personal service.
Section 21-22-20 - Proof of service by affidavit.
Section 21-22-21 - Notice dispensed with by consent of parties.
Section 21-22-22 - Testimony and examination of reports--Questions considered.
Section 21-22-23 - Examination of trustee's reports by court.
Section 21-22-27 - Prior settlement and distribution decrees validated--Assertion of vested rights.
Section 21-22-28 - Protection of privacy--Sealing and availability of documents.
Section 21-22-30 - Court approval of trustee's accounting is conclusive--Accounting defined.
Section 21-22-31 - Rules of civil procedure applicable.
Section 21-22-32 - Title 55 governs actions of trustee as party to transaction.