§ 21-44-1 Definition of terms
§ 21-44-2 Recording death certificate–Prima facie evidence–Affidavit identifying property
§ 21-44-3 Proceeding for termination of life estate–Contents of verified petition
§ 21-44-4 Joinder of proceedings as to two or more life tenants
§ 21-44-5 Joinder of proceedings as to all property held by life tenant
§ 21-44-6 Life estates in personal property subject to termination–Joinder with proceedings as to real property
§ 21-44-7 Lis pendens notice required if property in another county affected
§ 21-44-8 Order fixing time and place for hearing on petition–Contents
§ 21-44-9 Publication of notice of hearing–Mail notice to parties–Other notice ordered by court
§ 21-44-11 Validation of prior inheritance tax determinations in circuit court
§ 21-44-12 Persons permitted to appear at hearing on termination of estate
§ 21-44-13 Procedure on contested petitions
§ 21-44-14 Inquiry and proof required on uncontested petition
§ 21-44-15 Clear and convincing proof required–Adjournment to secure additional evidence–Affidavits to establish death of life tenant
§ 21-44-16 Statement or affidavit establishing death of person in military service
§ 21-44-17 Presumption of death after seven years’ absence
§ 21-44-18 Denial of petition if proof insufficient–Order to proceed in quiet title action
§ 21-44-19 Judgment finding life tenant deceased and terminating life estate–Effect of judgment
§ 21-44-20 Validation of prior proceedings as to personal property
§ 21-44-21 Validation of prior proceedings joining different claims as to personal property–Protection of vested rights
§ 21-44-22 Validation of prior proceedings where notice or allegations were insufficient
§ 21-44-23 Recording of judgment terminating estate–Prima facie evidence
§ 21-44-24 Action to set aside judgment terminating estate–Bona fide purchaser or encumbrancer protected
§ 21-44-25 Prospective and retrospective application of chapter
§ 21-44-26 Remedy not exclusive
§ 21-44-27 Spousal joint tenancy termination
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Terms Used In South Dakota Codified Laws > Title 21 > Chapter 44 - Termination of Life 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.
  • Decedent: A deceased person.
  • Deed: The legal instrument used to transfer title in real property from one person to another.
  • 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.
  • Joint tenancy: A form of property ownership in which two or more parties hold an undivided interest in the same property that was conveyed under the same instrument at the same time. A joint tenant can sell his (her) interest but not dispose of it by will. Upon the death of a joint tenant, his (her) undivided interest is distributed among the surviving joint tenants.
  • 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.
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Life estate: A property interest limited in duration to the life of the individual holding the interest (life tenant).
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • Person: includes natural persons, partnerships, associations, cooperative corporations, limited liability companies, and corporations. See South Dakota Codified Laws 2-14-2
  • Personal property: All property that is not real property.
  • Personal property: includes money, goods, chattels, things in action, and evidences of debt. 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.
  • Remainderman: One entitled to the remainder of an estate after a particular reserved right or interest, such as a life tenancy, has expired.
  • Statute: A law passed by a legislature.
  • written: include typewriting and typewritten, printing and printed, except in the case of signatures, and where the words are used by way of contrast to typewriting and printing. See South Dakota Codified Laws 2-14-2