South Dakota Codified Laws
Chapter 44 - Termination Of Life Estates
Section 21-44-1 - Definition of terms.

21-44-1. Definition of terms.
Terms used in this chapter, unless the context otherwise plainly requires, shall mean:
(1)"Life tenant," any person who under the terms of any will, deed, grant, mortgage, assignment, or other instrument holds during his lifetime any right, title, or interest in, or lien or encumbrance upon, real estate or personal property within this state, which right, title, or interest or lien or encumbrance, by the terms of such will, deed, grant, mortgage, assignment, or other instrument, terminates upon and by reason of his death, and by such terms thereupon passes to some other designated person or persons; and including an interest as a joint tenant or joint owner as distinguished from a tenant in common or owner in common of such real estate, or such lien or encumbrance;
(2)"Remainderman," any person or persons to whom by such terms of such will, deed, grant, mortgage, assignment, or other instrument, such right, title, or interest or lien or encumbrance, or any part or portion thereof, passes upon the death of the life tenant, and including a surviving joint tenant or surviving joint owner, and the successor in interest of any of them.

Source: Supreme Court Rule 572, 1939; SDC 1939 & Supp 1960, ยง37.1201.

Structure South Dakota Codified Laws

South Dakota Codified Laws

Title 21 - Judicial Remedies

Chapter 44 - Termination Of Life Estates

Section 21-44-1 - Definition of terms.

Section 21-44-2 - Recording death certificate--Prima facie evidence--Affidavit identifying property.

Section 21-44-3 - Proceeding for termination of life estate--Contents of verified petition.

Section 21-44-4 - Joinder of proceedings as to two or more life tenants.

Section 21-44-5 - Joinder of proceedings as to all property held by life tenant.

Section 21-44-6 - Life estates in personal property subject to termination--Joinder with proceedings as to real property.

Section 21-44-7 - Lis pendens notice required if property in another county affected.

Section 21-44-8 - Order fixing time and place for hearing on petition--Contents.

Section 21-44-9 - Publication of notice of hearing--Mail notice to parties--Other notice ordered by court.

Section 21-44-11 - Validation of prior inheritance tax determinations in circuit court.

Section 21-44-12 - Persons permitted to appear at hearing on termination of estate.

Section 21-44-13 - Procedure on contested petitions.

Section 21-44-14 - Inquiry and proof required on uncontested petition.

Section 21-44-15 - Clear and convincing proof required--Adjournment to secure additional evidence--Affidavits to establish death of life tenant.

Section 21-44-16 - Statement or affidavit establishing death of person in military service.

Section 21-44-17 - Presumption of death after seven years' absence.

Section 21-44-18 - Denial of petition if proof insufficient--Order to proceed in quiet title action.

Section 21-44-19 - Judgment finding life tenant deceased and terminating life estate--Effect of judgment.

Section 21-44-20 - Validation of prior proceedings as to personal property.

Section 21-44-21 - Validation of prior proceedings joining different claims as to personal property--Protection of vested rights.

Section 21-44-22 - Validation of prior proceedings where notice or allegations were insufficient.

Section 21-44-23 - Recording of judgment terminating estate--Prima facie evidence.

Section 21-44-24 - Action to set aside judgment terminating estate--Bona fide purchaser or encumbrancer protected.

Section 21-44-25 - Prospective and retrospective application of chapter.

Section 21-44-26 - Remedy not exclusive.

Section 21-44-27 - Spousal joint tenancy termination.