South Dakota Statutes

§ 43-46-3 — Proof of insufficient other property of deceased joint owner to pay debts.

South Dakota § 43-46-3
JurisdictionSouth Dakota
Title 43PROPERTY
Ch. 43-46JOINT OWNERS' LIABILITY FOR DECEDENTS' DEBTS

This text of South Dakota § 43-46-3 (Proof of insufficient other property of deceased joint owner to pay debts.) 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 § 43-46-3 (2026).

Text

In any action instituted by a creditor or personal representative of such deceased joint owner, as specified in § 43-46-2 , the person instituting such action shall allege and prove that there is not sufficient other property standing in the name of the deceased joint owner at the time of his death which is subject to and sufficient to pay said debts and obligations; provided that, if no petition is filed in court to probate the deceased joint owner's estate within thirty days from the date of his death, there shall be a presumption of evidence that the property standing in the name of decedent at the time of his death was insufficient to pay his debts and obligations.

Free access — add to your briefcase to read the full text and ask questions with AI

Legislative History

SL 1969, ch 198 (4); SDCL 30-21A-3; SL 1995, ch 167, § 167.

Nearby Sections

15
View on official source ↗

Cite This Page — Counsel Stack

Bluebook (online)
South Dakota § 43-46-3, Counsel Stack Legal Research, https://law.counselstack.com/statute/sd/43-46-3.