South Dakota Codified Laws
Chapter 22 - Administration Of Trust Estates
Section 21-22-30 - Court approval of trustee's accounting is conclusive--Accounting defined.

21-22-30. Court approval of trustee's accounting is conclusive--Accounting defined.
An accounting by a trustee of a court supervised trust and the final approval thereof by a court, whether or not such accounting is contested, is conclusive against all persons in any way interested in the trust, and the trustee, absent fraud, intentional misrepresentation, or material omission, shall be released and discharged from any and all liability as to all matters set forth in the accounting. For purposes of this section, the term, accounting, means any annual, interim, or final report or other statement provided by a trustee reflecting all transactions, receipts, and disbursements during the reporting period and a list of assets as of the end of the period covered by the report or statement.

Source: SL 2000, ch 229, §3; SL 2017, ch 204, §25.

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.