55-13A-102. Definitions.
In this chapter:
(1)"Accounting period" means a calendar year unless another twelve-month period is selected by a fiduciary. The term includes a portion of a calendar year or other twelve-month period that begins when an income interest begins or ends when an income interest ends;
(2)"Beneficiary" includes, in the case of a decedent's estate, an heir, legatee, and devisee and, in the case of a trust, an income beneficiary and a remainder beneficiary;
(3)"Fiduciary" means a personal representative or a trustee. The term includes an executor, administrator, successor personal representative, special administrator, and a person performing substantially the same function;
(4)"Income" means money or property that a fiduciary receives as current return from a principal asset. The term includes a portion of receipts from a sale, exchange, or liquidation of a principal asset, to the extent provided in §§55-13A- 401 to 55-13A-415, inclusive;
(5)"Income beneficiary" means a person to whom net income of a trust is or may be payable;
(6)"Income interest" means the right of an income beneficiary to receive all or part of net income, whether the terms of the trust require it to be distributed or authorize it to be distributed in the trustee's discretion;
(7)"Mandatory income interest" means the right of an income beneficiary to receive net income that the terms of the trust require the fiduciary to distribute;
(8)"Net income" means the total receipts allocated to income during an accounting period minus the disbursements made from income during the period, plus or minus transfers under this chapter to or from income during the period;
(9)"Person" means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, government; governmental subdivision, agency, or instrumentality; public corporation, or any other legal or commercial entity;
(10)"Principal" means property held in trust for distribution to a remainder beneficiary when the trust terminates;
(11)"Remainder beneficiary" means a person entitled to receive principal when an income interest ends;
(12)"Terms of a trust" means the manifestation of the intent of a settlor or decedent with respect to the trust, expressed in a manner that admits of its proof in a judicial proceeding, whether by written or spoken words or by conduct;
(13)"Trustee" includes an original, additional, or successor trustee, whether or not appointed or confirmed by a court.
Source: SL 2007, ch 282, §2.
Structure South Dakota Codified Laws
Title 55 - Fiduciaries and Trusts
Chapter 13A - Uniform Principal And Income Act
Section 55-13A-101 - Short title.
Section 55-13A-102 - Definitions.
Section 55-13A-103 - Fiduciary duties--General principles.
Section 55-13A-104 - Trustee's power to adjust.
Section 55-13A-105 - Judicial control of discretionary power.
Section 55-13A-201 - Determination and distribution of net income.
Section 55-13A-202 - Distribution to residuary and remainder beneficiaries.
Section 55-13A-301 - When right to income begins and ends.
Section 55-13A-303 - Apportionment when income interest ends.
Section 55-13A-401 - Character of receipts.
Section 55-13A-402 - Distribution from trust or estate.
Section 55-13A-403 - Business and other activities conducted by trustee.
Section 55-13A-404 - Principal receipts.
Section 55-13A-405 - Rental property.
Section 55-13A-406 - Obligation to pay money.
Section 55-13A-407 - Insurance policies and similar contracts.
Section 55-13A-408 - Insubstantial allocations not required.
Section 55-13A-409 - Deferred compensation, annuities, and similar payments.
Section 55-13A-410 - Liquidating asset.
Section 55-13A-411 - Minerals, water, and other natural resources.
Section 55-13A-413 - Property not productive of income.
Section 55-13A-414 - Derivatives and options.
Section 55-13A-415 - Asset-backed securities.
Section 55-13A-501 - Disbursements from income.
Section 55-13A-502 - Disbursements from principal.
Section 55-13A-503 - Transfers from income to principal for depreciation.
Section 55-13A-504 - Transfers from income to reimburse principal.
Section 55-13A-505 - Income taxes.
Section 55-13A-506 - Adjustments between principal and income because of taxes.
Section 55-13A-601 - Uniformity of application and construction.
Section 55-13A-602 - Application of chapter to existing trusts and estates.