South Dakota Statutes

§ 55-3-13 — Expenses incurred by trustee in performance of trust--Reimbursement.

South Dakota § 55-3-13
JurisdictionSouth Dakota
Title 55FIDUCIARIES AND TRUSTS
Ch. 55-3EXPRESS TRUSTS FOR THIRD-PARTY BENEFICIARIES

This text of South Dakota § 55-3-13 (Expenses incurred by trustee in performance of trust--Reimbursement.) 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 § 55-3-13 (2026).

Text

A trustee, including a former trustee, is entitled to the repayment, out of the trust property, of all expenses actually and properly incurred by the trustee in the performance of the trustee's duties. The trustee is entitled to the repayment of even unlawful expenditures, if the expenditures were productive of actual benefit to the estate. Expenses in performance of the trust include those expenses actually and properly incurred in the exercise of the trustee's powers as described in the governing instrument, in any applicable court order, or in chapter 55-1A . A former trustee is entitled to the repayment, out of trust property, of all expenses actually and properly incurred by the former trustee in the defense of proceedings relating to the performance of the trustee's duties to the sam

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Related

In Re Heupel Family Revocable Trust Dated Mar. 23, 1999
2018 SD 46 (South Dakota Supreme Court, 2018)
9 case citations
Endres v. Endres
984 N.W.2d 139 (South Dakota Supreme Court, 2022)
2 case citations
Guardianship & Conservatorship of Novotny
2016 SD 36 (South Dakota Supreme Court, 2016)
1 case citations

Legislative History

SDC 1939, § 59.0212; SL 2014, ch 226, § 18; SL 2020, ch 206, § 13.

Nearby Sections

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Bluebook (online)
South Dakota § 55-3-13, Counsel Stack Legal Research, https://law.counselstack.com/statute/sd/55-3-13.