South Dakota Codified Laws
Chapter 22 - Administration Of Trust Estates
Section 21-22-27 - Prior settlement and distribution decrees validated--Assertion of vested rights.

21-22-27. Prior settlement and distribution decrees validated--Assertion of vested rights.
All decrees of any court of this state made prior to January 1, 2010, settling accounts of trustees or distributing in whole or in part trust estates are hereby legalized, cured, and validated, notwithstanding any defects, omissions, or irregularities in the form of the petition, account, or the notice of the application therefor or in the manner, form, or method of giving or serving such notice.
If a person has a vested right in any real or personal property by reason of a defect, omission, or irregularity referred to in this section, and if no action or proceeding to enforce such right was commenced prior to July 1, 2011, such right shall be forever barred. No action or proceeding brought involving real property shall be of any force or effect, or maintainable in a court of this state, unless prior to July 1, 2011, there was recorded in the office of the register of deeds of the county in which the real property affected is situated, a notice of the pendency of such action, in accordance with chapter 15-10.

Source: SL 1983, ch 222, §1; SL 1992, ch 307, §6; SL 2010, ch 232, §26.

Structure South Dakota Codified Laws

South Dakota Codified Laws

Title 21 - Judicial Remedies

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 21-22-10 - Fixing terms of trustee's bond--Amount and conditions--Sureties--Time of filing--New bond.

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 21-22-24 - Referee or accountant appointed to assist in examination of reports--Report confidential.

Section 21-22-25 - Attendance of witnesses and production of evidence at investigations and hearings.

Section 21-22-26 - Fiduciary's liability for failure to comply--Forfeiture of compensation--Fiduciary's acts not invalidated.

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.