21-24-5. Determination of rights under trust or decedent's estate.
Any person interested as or through a personal representative, trustee, conservator, or other fiduciary, creditor, devisee, legatee, heir, next of kin, or cestui que trust in the administration of a trust, or of the estate of a decedent, minor, protected person, or insolvent, may have a declaration of rights or legal relations in respect thereto:
(1)To ascertain any class of creditors, devisees, legatees, heirs, next of kin, or others;
(2)To direct the personal representatives or trustees to do or abstain from doing any particular act in their fiduciary capacity;
(3)To determine any question arising in the administration of the estate or trust, including questions of construction of wills and other writings.
Source: SDC 1939 & Supp 1960, §37.0104; SL 1993, ch 213, §100.
Structure South Dakota Codified Laws
Chapter 24 - Declaratory Judgment
Section 21-24-1 - Power of courts to provide declaratory relief--Form and effect of declarations.
Section 21-24-2 - Person including business associations and public agencies.
Section 21-24-4 - Contract construed before or after breach.
Section 21-24-5 - Determination of rights under trust or decedent's estate.
Section 21-24-6 - Declaratory relief powers not limited by specific enumeration.
Section 21-24-7 - Parties to be joined in action for declaratory relief.
Section 21-24-9 - Trial of issues of fact.
Section 21-24-10 - Judgment refused where controversy would not be terminated.
Section 21-24-11 - Award of costs.
Section 21-24-12 - Further relief after declaratory judgment--Application and order to show cause.
Section 21-24-13 - Review of declaratory orders and judgments.
Section 21-24-14 - Chapter declared remedial--Liberal construction.