43-46-5. Joinder of surviving joint owners in action--Right of contribution.
In any case where a deceased joint owner had more than one joint tenancy at the time of his death, all of the surviving joint owners therein shall be jointly and severally liable to the creditors or personal representative of the deceased joint owner as herein provided and any such surviving joint owner who is made a defendant in any such action shall have the right to require any other such surviving joint owner within the jurisdiction of the court to be joined as a party defendant in such action and shall also have the right of pro rata contribution against other surviving joint owners, to the extent of their respective liability hereunder.
Source: SL 1969, ch 198 (3); SDCL 30-21A-5; SL 1995, ch 167, ยง167.
Structure South Dakota Codified Laws
Chapter 46 - Joint Owners Liability For Decedents Debts
Section 43-46-1 - Joint owners' liability for debts and obligations of deceased joint owner.
Section 43-46-2 - Right of action of creditor or representative of deceased joint owner.
Section 43-46-3 - Proof of insufficient other property of deceased joint owner to pay debts.
Section 43-46-4 - Limitation on amount of liability of surviving joint owner.
Section 43-46-5 - Joinder of surviving joint owners in action--Right of contribution.