29A-6-421. Action by creditor or personal representative against beneficiary--Time limitations.
Unless a settlement is made with the beneficiary, a creditor or personal representative of the deceased transferor may institute an action in any court of competent jurisdiction, within six months after the death of the transferor, against the beneficiary setting forth such claim, unless the action is for recovery of medical assistance initiated by the Department of Social Services pursuant to Title 28, in which case the action must be commenced within the shorter of two years after the death of the transferor, or within six months of written notice to the Department of Social Services with information of the transferor's death, social security number, and if available upon reasonable investigation, the transferor's deceased spouse's name and social security number.
Source: SL 2014, ch 133, ยง21.
Structure South Dakota Codified Laws
Title 29A - Uniform Probate Code
Chapter 06 - Non-Probate Transfers
Section 29A-6-101 - Definition of terms.
Section 29A-6-102 - Application to controversies between parties and between parties and P.O.D.
Section 29A-6-103 - Ownership of joint account, P.O.D.
Section 29A-6-104 - Rights of survivorship upon death of party to joint account, P.O.D.
Section 29A-6-106 - Effectiveness of transfers--Not considered testamentary.
Section 29A-6-108 - Financial institution as party to multiple-party accounts.
Section 29A-6-109 - Payments from joint account to party, personal representative or heirs.
Section 29A-6-111 - Financial institution discharged from claims--Exception where notice given.
Section 29A-6-112 - Right of financial institution to setoff--Amount.
Section 29A-6-113 - Provisions deemed nontestamentary--Rights of creditors not limited.
Section 29A-6-114 - Payment of P.O.D.
Section 29A-6-301 - Definitions.
Section 29A-6-302 - Registration in beneficiary form--Sale or joint tenancy ownership.
Section 29A-6-303 - Registration in beneficiary form--Applicable law.
Section 29A-6-304 - Origination of registration in beneficiary form.
Section 29A-6-305 - Form of registration in beneficiary form.
Section 29A-6-306 - Effect of registration in beneficiary form.
Section 29A-6-307 - Ownership on death of owner.
Section 29A-6-308 - Protection of registering entity.
Section 29A-6-309 - Nontestamentary transfer on death.
Section 29A-6-310 - Terms, conditions, and forms for registration.
Section 29A-6-311 - Application of part.
Section 29A-6-401 - Short title.
Section 29A-6-402 - Definitions.
Section 29A-6-403 - Transfer on death deed authorized.
Section 29A-6-404 - Nonexclusivity.
Section 29A-6-405 - Transfer on death deed revocable.
Section 29A-6-406 - Transfer on death deed nontestamentary.
Section 29A-6-407 - Capacity of transferor.
Section 29A-6-408 - Requirements.
Section 29A-6-409 - Notice, delivery, acceptance, consideration not required.
Section 29A-6-410 - Revocation by instrument authorized.
Section 29A-6-411 - Revocation by more than one transferor.
Section 29A-6-412 - Revocation by act not permitted.
Section 29A-6-413 - Effect of inter vivos transfer not limited.
Section 29A-6-414 - Effect of transfer on death deed during transferor's life.
Section 29A-6-415 - Effect of transfer on death deed at transferor's death.
Section 29A-6-417 - Effect of transfer on death deed when transferor is joint owner.
Section 29A-6-418 - Transfer on death deed transfers property without covenant or warranty of title.
Section 29A-6-419 - Disclaimer.
Section 29A-6-420 - Liability for debts and obligations of deceased transferor.
Section 29A-6-423 - Limitation of beneficiary liability.
Section 29A-6-426 - Agent may not modify beneficiary designation unless authorized.
Section 29A-6-427 - Recording of transfer of deceased owner's property--Affidavit of confirmation.
Section 29A-6-428 - Index reference in the record of deeds.
Section 29A-6-429 - Falsification of affidavit of confirmation.
Section 29A-6-430 - Optional form of transfer on death deed.
Section 29A-6-431 - Optional form of revocation.
Section 29A-6-432 - Optional form of affidavit of confirmation.
Section 29A-6-433 - Uniformity of application and construction.
Section 29A-6-434 - Relation to Electronic Signatures in Global and National Commerce Act.