South Dakota Codified Laws
Chapter 22 - Administration Of Trust Estates
Section 21-22-8 - Petition, hearing, and order resuming court supervision.

21-22-8. Petition, hearing, and order resuming court supervision.
At any time during the existence of the trust, after supervision has been dispensed with pursuant to §21-22-7, any fiduciary, trustor, or beneficiary may petition for a resumption of the supervision in which event the court shall, upon notice as provided pursuant to this chapter, conduct a hearing and the supervision shall be resumed unless good cause to the contrary is shown.

Source: Supreme Court Rule 240, 1939; SDC 1939 & Supp 1960, §33.2604; SL 2014, ch 226, §9; SL 2015, ch 240, §23.

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.