S.D. Codified Laws § 34-26A-32 (2026)
A crematory may refuse to release or dispose of cremated remains if it is aware of any dispute concerning the release or disposition of the remains. A crematory shall release or dispose of the cremated remains upon receiving an order from a court directing the activity or upon receipt of sufficient documentation indicating that the dispute has been resolved. A crematory is immune from liability for refusing to release or dispose of cremated remains, in accordance with this section.
Source: SL 1988, ch 283 , § 32; SL 2023, ch 129 , § 26.