Any sums in a joint account may be paid, on request, to any party without regard to whether any other party is incapacitated or deceased at the time the payment is demanded. However, payment may not be made to the personal representative or heirs of a deceased party unless proofs of death are presented to the financial institution showing that the decedent was the last surviving party or unless there is no right of survivorship under § 29A-6-104.

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Terms Used In South Dakota Codified Laws 29A-6-109

  • Decedent: A deceased person.
  • Right of survivorship: The ownership rights that result in the acquisition of title to property by reason of having survived other co-owners.

Source: SL 1987, ch 208, § 9; SL 1992, ch 88, § 10; SL 1993, ch 94, § 4; SDCL 30-23-51; SL 1995, ch 167, § 172.