§ 21-22-1 Definition of terms
§ 21-22-3 Inventory and documents filed by court trustee–Contents
§ 21-22-4 Appointment by nonresident trustee of agent to receive process
§ 21-22-5 County in which trustee’s inventory and attached papers filed
§ 21-22-6 Commencement of supervision by court
§ 21-22-7 Petition, hearing and order dispensing with court supervision
§ 21-22-7.1 Notice of entry of order–Requirements
§ 21-22-8 Petition, hearing, and order resuming court supervision
§ 21-22-9 Petition, hearing, and order for court supervision of other trust–Information
§ 21-22-10 Fixing terms of trustee’s bond–Amount and conditions–Sureties–Time of filing–New bond
§ 21-22-11 Bond required despite terms of trust instrument
§ 21-22-12 Vacancy of office of trustee–Successor–Temporary trustee–Resigned trustee
§ 21-22-13 Petitions relevant to trust administration–Hearing–Order
§ 21-22-14 Annual verified report of trustee–Optional calendar year basis
§ 21-22-15 Final report of trustee–Contents
§ 21-22-16 Objections to report of fiduciary or beneficiary–Adjournment of hearing–Order
§ 21-22-17 Contents of notice of hearings–Trustee’s account attached
§ 21-22-18 Parties served with notice–Personal, mail, or electronic service
§ 21-22-19 Publication of notice in lieu of personal service
§ 21-22-20 Proof of service by affidavit
§ 21-22-21 Notice dispensed with by consent of parties
§ 21-22-22 Testimony and examination of reports–Questions considered
§ 21-22-23 Examination of trustee’s reports by court
§ 21-22-24 Referee or accountant appointed to assist in examination of reports–Report confidential
§ 21-22-25 Attendance of witnesses and production of evidence at investigations and hearings
§ 21-22-26 Fiduciary’s liability for failure to comply–Forfeiture of compensation–Fiduciary’s acts not invalidated
§ 21-22-27 Prior settlement and distribution decrees validated–Assertion of vested rights
§ 21-22-28 Protection of privacy–Sealing and availability of documents
§ 21-22-30 Court approval of trustee’s accounting is conclusive–Accounting defined
§ 21-22-31 Rules of civil procedure applicable
§ 21-22-32 Title 55 governs actions of trustee as party to transaction

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Terms Used In South Dakota Codified Laws > Title 21 > Chapter 22 - Administration of Trust Estates

  • Adjourn: A motion to adjourn a legislative chamber or a committee, if passed, ends that day's session.
  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Deed: The legal instrument used to transfer title in real property from one person to another.
  • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Fiduciary: A trustee, executor, or administrator.
  • Fraud: Intentional deception resulting in injury to another.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Person: includes natural persons, partnerships, associations, cooperative corporations, limited liability companies, and corporations. See South Dakota Codified Laws 2-14-2
  • Property: includes property, real and personal. See South Dakota Codified Laws 2-14-2
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • Service of process: The service of writs or summonses to the appropriate party.
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • Trustee: A person or institution holding and administering property in trust.
  • Trustor: The person who makes or creates a trust. Also known as the grantor or settlor.