South Dakota Codified Laws
Chapter 45 - Personal Property Exempt From Process
Section 43-45-6 - Proceeds of life insurance payable to estate of decedent--Rights of surviving spouse or minor children--Amount of exemption--Payment discharging insurer from liability.

43-45-6. Proceeds of life insurance payable to estate of decedent--Rights of surviving spouse or minor children--Amount of exemption--Payment discharging insurer from liability.
The proceeds of any insurance upon the life of any person residing in this state, at the time of his death and who leaves a surviving widow, husband, or minor child or children, payable upon his death to his estate or personal representative, and not assigned to any other person, shall, to any amount not exceeding ten thousand dollars, inure to the use of such surviving widow, husband, minor child or children; and such amount shall not be subject to the payment of any debt of such decedent, or of such surviving widow, husband, minor child or children. Whenever the proceeds of such insurance become payable and the insurer makes payment thereof to the personal representative of the estate of such person, such payment shall fully discharge the insurer from all claims under the policy or contract, and such insurer need not follow the distribution of such payment.

Source: SL 1895, ch 89; RCCivP 1903, §348; RC 1919, §2661; SL 1923, ch 148; SDC 1939, §51.1805; SL 1959, ch 280; SL 1995, ch 167, §188.

Structure South Dakota Codified Laws