21-36-8. Allegations required in complaint for escheat.
It shall only be necessary to allege in the complaint the name of the person last seized, a general description of the estate and its approximate value, the names of the occupants or the persons in possession and claiming such estate, if known, their last-known residence and post office address, and the facts and circumstances in consequence of which the estate is claimed to have escheated, with an allegation that by reason thereof the State of South Dakota has a right by law to such estate.
Source: SL 1909, ch 104, §4; RC 1919, §3052; SDC 1939 & Supp 1960, §37.4203.
Structure South Dakota Codified Laws
Chapter 36 - Actions For Escheat Of Property
Section 21-36-2 - Report by state's attorneys and circuit judges of possible escheats.
Section 21-36-3 - Investigation and bringing of action by attorney general.
Section 21-36-4 - Intervention in probate proceedings in lieu of bringing action.
Section 21-36-5 - Direction by Governor for institution of proceedings.
Section 21-36-6 - State's attorney to assist on request by attorney general.
Section 21-36-7 - Complaint filed to bring action--Parties defendant.
Section 21-36-8 - Allegations required in complaint for escheat.
Section 21-36-9 - Summons filed--Persons to whom directed--Contents.
Section 21-36-10 - Publication of summons and complaint--Personal service--Service by mail.
Section 21-36-11 - Answer to complaint--Reply.
Section 21-36-12 - Receiver appointed on application by state.
Section 21-36-13 - Concurrent remedies by action and participation in probate proceedings.
Section 21-36-15 - Circuit court not to settle estate unless state has intervened.
Section 21-36-17 - Judgment for state if no answer or motion served--Proof required.
Section 21-36-18 - Placement on trial calendar if issue joined.
Section 21-36-19 - Pleadings and testimony in prior proceedings admissible in evidence.
Section 21-36-20 - Hearing and judgment--Costs.
Section 21-36-21 - Recording of judgment where title to real property determined.
Section 21-36-24 - Action by heirs to recover property escheated--Time for bringing action.
Section 21-36-25 - Summons and complaint of adverse claimant--Answer and trial.
Section 21-36-27 - Claims to escheated property barred by limitations--Persons under disability.
Section 21-36-28 - Appeal to Supreme Court.
Section 21-36-29 - Escheated property credited to school fund.