21-44-17. Presumption of death after seven years' absence.
If any person upon whose life any estate or interest in property depends, remains without the United States or absents himself in the state or elsewhere for seven years together, such person must be accounted naturally dead in any action or special proceeding concerning any such property in which his death shall come in question unless sufficient proof be made in such case that he is living.
Source: CCivP 1877, §498; CL 1887, §5312; RCCivP 1903, §537; RC 1919, §2729; SDC 1939, §36.0205; SL 1957, ch 191.
Structure South Dakota Codified Laws
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 21-44-7 - 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 21-44-11 - 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 21-44-16 - 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 21-44-20 - Validation of prior proceedings as to personal property.
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 21-44-25 - Prospective and retrospective application of chapter.