South Dakota Codified Laws 43-46-3. Proof of insufficient other property of deceased joint owner to pay debts
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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.
Terms Used In South Dakota Codified Laws 43-46-3
- Decedent: A deceased person.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Person: includes natural persons, partnerships, associations, cooperative corporations, limited liability companies, and corporations. See South Dakota Codified Laws 2-14-2
- Probate: Proving a will
- Property: includes property, real and personal. See South Dakota Codified Laws 2-14-2
Source: SL 1969, ch 198 (4); SDCL 30-21A-3; SL 1995, ch 167, § 167.