South Dakota Statutes

§ 21-5-5 — Relatives for whose benefit action brought--Personal representative to bring action.

South Dakota § 21-5-5
JurisdictionSouth Dakota
Title 21JUDICIAL REMEDIES
Ch. 21-5WRONGFUL DEATH ACTIONS

This text of South Dakota § 21-5-5 (Relatives for whose benefit action brought--Personal representative to bring action.) 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 § 21-5-5 (2026).

Text

Every action for wrongful death shall be for the exclusive benefit of the wife or husband and children, or if there be neither of them, then of the parents and next of kin of the person whose death shall be so caused; and it shall be brought in the name of the personal representative of the deceased person.

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Related

Gloe v. Iowa Mutual Insurance Co.
2005 SD 29 (South Dakota Supreme Court, 2005)
28 case citations
In Re Estate of Howe
2004 SD 118 (South Dakota Supreme Court, 2004)
18 case citations

Legislative History

SL 1909, ch 301, § 3; RC 1919, § 2931; SDC 1939, § 37.2203; SL 1947, ch 173; SL 1951, ch 193; SL 1957, ch 194; SL 1963, ch 235; SL 1967, ch 149; SL 1995, ch 167, § 188.

Nearby Sections

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Bluebook (online)
South Dakota § 21-5-5, Counsel Stack Legal Research, https://law.counselstack.com/statute/sd/21-5-5.