The trust registration form may be substantially similar to the following form:

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Terms Used In South Dakota Codified Laws 55-1-59

  • Inter vivos: Transfer of property from one living person to another living person.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • 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
  • Testator: A male person who leaves a will at death.
  • Trustee: A person or institution holding and administering property in trust.
  • written: include typewriting and typewritten, printing and printed, except in the case of signatures, and where the words are used by way of contrast to typewriting and printing. See South Dakota Codified Laws 2-14-2

State of Court Dakota _______________ Judicial Circuit

County of _______________________________

Trust Registration No. _______________

REGISTRATION OF TRUST

Name of Trust:

______________________________________________________________________________

Name & Address of Trustee:

______________________________________________________________________________

Name & Address of Co-Trustees:

______________________________________________________________________________

Names and Address of any trust advisors, trust protectors or other trust fiduciaries:

______________________________________________________________________________

Trustee hereby acknowledges this trusteeship and submits to the jurisdiction of the court in any proceeding relating to the trust that may be initiated by any interested person while the trust remains registered, providing that notice is given as provided by law.

The trust (has) (has not) been registered in another jurisdiction. (If registered elsewhere, state where other registration was made.)

______________________________________________________________________________

Note: If a trust has been registered elsewhere, registration in this state is ineffective until either the earlier registration is released by order of the court where prior registration occurred or an instrument executed by the trustee and all current income and principal beneficiaries is filed with the registration in this state.

The trust is: (Check one and fill in the blanks.)

A testamentary trust. ____ Name of testator:

__________________________________________________

Date and place of domiciliary probate:

__________

A written inter vivos trust. ____ Name of settlor:

__________________________________________________

Name of original trustee:

__________________________________________________

Date of trust instrument:

__________________________________________________

Trustee’s Signature __________________________________

Date:___________________________

Trustee’s Signature __________________________________

Date:___________________________

Registered in the Circuit Court, _____ Judicial Circuit on ____________________ , 20______ .

___________________________________________

Circuit Court Clerk

Source: SL 2017, ch 204, § 11.