55-11-1. End-of-life directives--Prearranged funeral contract--Portion of money paid under contract held in trust.
Before a person's death, the person or someone on the person's behalf may direct the location, manner, and conditions of disposition of the person's remains, and the arrangements for funeral goods and services to be provided upon the person's death, and contract with another person for the purchase or rental of personal property or professional services for the final disposition of the person's body. At least eighty-five percent of all money paid under the contract must be held in a revocable or an irrevocable trust, at the purchaser's option. The money must be held in trust until the obligation of the contract is fulfilled according to its terms or, if a revocable trust, the money is refunded to the person who made the payments.
Source: SL 1953, ch 496, §1; SDC Supp 1960, §27.1409; SL 1967, ch 104, §1; SL 1975, ch 302, §1; SL 1981, ch 355, §1; SL 1986, ch 408, §1; SL 2022, ch 113, §11.
Structure South Dakota Codified Laws
Title 55 - Fiduciaries and Trusts
Chapter 11 - Prearranged Funeral Trusts
Section 55-11-3.1 - Clause required in contract not providing guaranteed price.
Section 55-11-5 - Cancellation of contract creating revocable trust.
Section 55-11-5.1 - Return of payments required on revocation under contract with guaranteed price.
Section 55-11-8 - Information to be submitted upon registration.
Section 55-11-10 - Applicability of § 37-24-5.4.
Section 55-11-12.1 - Disbursement of funds in irrevocable prearranged funeral trust.
Section 55-11-13 - Prearranged funeral contract not burial insurance.
Section 55-11-14 - Applicability of act to certain contracts.