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South Dakota Codified Laws

Chapter 29A-6

S.D. Codified Laws ch. 29A-6

Non-probate Transfers

29A-6-101Definition of terms.29A-6-102Application to controversies between parties and between parties and P.O.D.29A-6-103Ownership of joint account, P.O.D.29A-6-104Rights of survivorship upon death of party to joint account, P.O.D.29A-6-105Rights of survivorship determined by form of account at death of party--Alteration of form.29A-6-106Effectiveness of transfers--Not considered testamentary.29A-6-107Payment to surviving party from multiple-party account--Liability for debts and expenses of administration--Procedure--Liability of financial institution.29A-6-108Financial institution as party to multiple-party accounts.29A-6-109Payments from joint account to party, personal representative or heirs.29A-6-110Payment from trust account to trustee, personal representative, heirs or beneficiary.29A-6-111Financial institution discharged from claims--Exception where notice given.29A-6-112Right of financial institution to setoff--Amount.29A-6-113Provisions deemed nontestamentary--Rights of creditors not limited.29A-6-114Payment of P.O.D.29A-6-301Definitions.29A-6-302Registration in beneficiary form--Sale or joint tenancy ownership.29A-6-303Registration in beneficiary form--Applicable law.29A-6-304Origination of registration in beneficiary form.29A-6-305Form of registration in beneficiary form.29A-6-306Effect of registration in beneficiary form.29A-6-307Ownership on death of owner.29A-6-308Protection of registering entity.29A-6-309Nontestamentary transfer on death.29A-6-310Terms, conditions, and forms for registration.29A-6-311Application of part.29A-6-401Short title.29A-6-402Definitions.29A-6-403Transfer on death deed authorized.29A-6-404Nonexclusivity.29A-6-405Transfer on death deed revocable.29A-6-406Transfer on death deed nontestamentary.29A-6-407Capacity of transferor.29A-6-408Requirements.29A-6-409Notice, delivery, acceptance, consideration not required.29A-6-410Revocation by instrument authorized.29A-6-411Revocation by more than one transferor.29A-6-412Revocation by act not permitted.29A-6-413Effect of inter vivos transfer not limited.29A-6-414Effect of transfer on death deed during transferor's life.29A-6-415Effect of transfer on death deed at transferor's death.29A-6-416Beneficiary takes property subject to all interests present at transferor's death.29A-6-417Effect of transfer on death deed when transferor is joint owner.29A-6-418Transfer on death deed transfers property without covenant or warranty of title.29A-6-419Disclaimer.29A-6-420Liability for debts and obligations of deceased transferor.29A-6-421Action by creditor or personal representative against beneficiary--Time limitations.29A-6-422Proof of insufficient other property to satisfy debts and obligations--Presumption.29A-6-423Limitation of beneficiary liability.29A-6-424More than one transfer on death deed at time of death--Beneficiaries jointly and severally liable to creditors.29A-6-425Purchaser for value or lender acquiring security interest in property takes property free of claims.29A-6-426Agent may not modify beneficiary designation unless authorized.29A-6-427Recording of transfer of deceased owner's property--Affidavit of confirmation.29A-6-428Index reference in the record of deeds.29A-6-429Falsification of affidavit of confirmation.29A-6-430Optional form of transfer on death deed.29A-6-431Optional form of revocation.29A-6-432Optional form of affidavit of confirmation.29A-6-433Uniformity of application and construction.29A-6-434Relation to Electronic Signatures in Global and National Commerce Act.29A-6-435Applicability of chapter.