South Dakota Codified Laws
Chapter 11 - Prearranged Funeral Trusts
Section 55-11-1.1 - Personal property and professional services to be provided under prearranged funeral trust contract.

55-11-1.1. Personal property and professional services to be provided under prearranged funeral trust contract.
The personal property to be delivered according to the terms of a prearranged funeral trust contract includes such things as: grave liners, vaults, transportation containers, grave markers, cremation urns or vaults, grave ornamentation, flowers, statuary, floral arrangements, caskets, clothing, memorial items, guest books and other personal property incidental to a funeral or burial service. Professional services to be provided according to the terms of a prearranged funeral trust contract are the embalming of the deceased person's body or the conduct of a funeral service for hire and any other professional services associated with the disposition, storage, preparation or burial of a deceased person's body.

Source: SL 1986, ch 408, §7.

Structure South Dakota Codified Laws

South Dakota Codified Laws

Title 55 - Fiduciaries and Trusts

Chapter 11 - Prearranged Funeral Trusts

Section 55-11-1 - End-of-life directives--Prearranged funeral contract--Portion of money paid under contract held in trust.

Section 55-11-1.1 - Personal property and professional services to be provided under prearranged funeral trust contract.

Section 55-11-2 - Deposit of trust fund in banking institution or association--Violation as misdemeanor.

Section 55-11-3 - Contract to be in writing--Copies furnished depository and personal representative of contracting party--Clause concerning trust fund required.

Section 55-11-3.1 - Clause required in contract not providing guaranteed price.

Section 55-11-4 - Financial institution receiving money in trust--Acknowledgment on copy of prearranged funeral contract.

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 55-11-7 - Solicitation of funeral trust contracts--Annual registration required--Exception--Unauthorized solicitation or sale prohibited--Violation as misdemeanor.

Section 55-11-8 - Information to be submitted upon registration.

Section 55-11-9 - Annual report required--Contents--Filing fee--Confidentiality--Violation as misdemeanor.

Section 55-11-10 - Applicability of § 37-24-5.4.

Section 55-11-11 - Prearranged funeral contract pooled funds trust--Creation--Separate accounts--When consent of purchaser required.

Section 55-11-12 - Death or relocation of beneficiary of irrevocable prearranged funeral trust--Seller's option to provide comparable services or return deposits and interest--Disposition of funds.

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.

Section 55-11-15 - Certain persons operating cemeteries exempted from provisions regarding sale of merchandise and services--Maintenance of funds.