South Dakota § 21-22-1 Definition of terms.

South Dakota Statutes

§ 21-22-1 — Definition of terms.

South Dakota § 21-22-1

Title 21JUDICIAL REMEDIES

Ch. 21-21ADMINISTRATION OF TRUST ESTATES

This text of South Dakota § 21-22-1 (Definition of terms.) is published on Counsel Stack Legal Research, covering South Dakota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

S.D. Codified Laws § 21-22-1 (2026).

Text

Terms used in this chapter mean:

(1)"Beneficiary," any person beneficially interested in the trust, as defined in subdivision 55-1-24(1) or who has a direct financial interest in the trust, including a creditor or claimant with any rights or claimed rights against the trust estate if the creditor or claimant demonstrates a previously asserted specific claim against the trust estate;

(2)"Court trust," any trust which is established or confirmed by the judgment, decree, or order of any court of record of this state or any foreign jurisdiction;

(3)"Fiduciary," a trustee, custodian, enforcer, trust advisor, trust protector, or trust committee, as named in the governing instrument or order of court, regardless of whether such person is acting in a fiduciary or nonfiduciary capacity;

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Terms used in this chapter mean: (1) "Beneficiary," any person beneficially interested in the trust, as defined in subdivision 55-1-24(1) or who has a direct financial interest in the trust, including a creditor or claimant with any rights or claimed rights against the trust estate if the creditor or claimant demonstrates a previously asserted specific claim against the trust estate; (2) "Court trust," any trust which is established or confirmed by the judgment, decree, or order of any court of record of this state or any foreign jurisdiction; (3) "Fiduciary," a trustee, custodian, enforcer, trust advisor, trust protector, or trust committee, as named in the governing instrument or order of court, regardless of whether such person is acting in a fiduciary or nonfiduciary capacity; (4) "Other trust," any trust which is not a court trust; (5) "Supervision," the supervision of the circuit court over the administration of a trust as provided in this chapter; (6) "Trustee," the trustee or trustees of any trust which may be supervised under this chapter.

Legislative History

Supreme Court Rule 237, 1939; SDC 1939 & Supp 1960, § 33.2601; SL 2010, ch 232, § 24; SL 2014, ch 226, § 6; SL 2015, ch 240, § 21; SL 2017, ch 204, § 23; SL 2018, ch 275, § 1.