South Dakota § 29A-2-606 Nonademption of specific devises--Unpaid proceeds of sale, condemnation, or insurance--Sale by conservator or agent.

South Dakota Statutes

§ 29A-2-606 — Nonademption of specific devises--Unpaid proceeds of sale, condemnation, or insurance--Sale by conservator or agent.

South Dakota § 29A-2-606

Title 29AUNIFORM PROBATE CODE

Ch. 29A-2INTESTATE SUCCESSION AND WILLS

This text of South Dakota § 29A-2-606 (Nonademption of specific devises--Unpaid proceeds of sale, condemnation, or insurance--Sale by conservator or agent.) 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 § 29A-2-606 (2026).

Text

(a)A specific devisee has a right to the specifically devised property in the testator's estate at death and:

(1)Any balance of the purchase price, together with any security agreement, owing from a purchaser to the testator at death by reason of sale of the property;

(2)Any amount of a condemnation award for the taking of the property unpaid at death;

(3)Any proceeds unpaid at death on fire or casualty insurance on or other recovery for injury to the property;

(4)Property owned by the testator at death and acquired as a result of foreclosure, or obtained in lieu of foreclosure, of the security interest for a specifically devised obligation;

(5)Property owned by the testator at death if it is evident from the circumstances that the testator intended the property to be

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(a) A specific devisee has a right to the specifically devised property in the testator's estate at death and: (1) Any balance of the purchase price, together with any security agreement, owing from a purchaser to the testator at death by reason of sale of the property; (2) Any amount of a condemnation award for the taking of the property unpaid at death; (3) Any proceeds unpaid at death on fire or casualty insurance on or other recovery for injury to the property; (4) Property owned by the testator at death and acquired as a result of foreclosure, or obtained in lieu of foreclosure, of the security interest for a specifically devised obligation; (5) Property owned by the testator at death if it is evident from the circumstances that the testator intended the property to be distributed as a replacement for specifically devised property. (b) If specifically devised property is sold or mortgaged by a conservator or by an agent acting within the authority of a durable power of attorney for a principal who lacks capacity, or if a condemnation award, insurance proceeds, or recovery for injury to the property are paid to a conservator or to an agent acting within the authority of a durable power of attorney for a principal who lacks capacity, the specific devisee has the right to a general pecuniary devise equal to the net sale price, the amount of the unpaid loan, the condemnation award, the insurance proceeds, or the recovery. The right of a specific devisee under this subsection is reduced by any right the devisee has under subsection (a). For purposes of this subsection, the acts of an agent within the authority of a durable power of attorney are presumed to be for a principal who lacks capacity.