South Dakota Codified Laws > Title 43 > Chapter 46 – Joint Owners’ Liability for Decedents’ Debts


§ 43-46-1	Joint owners’ liability for debts and obligations of deceased joint owner
§ 43-46-2	Right of action of creditor or representative of deceased joint owner
§ 43-46-3	Proof of insufficient other property of deceased joint owner to pay debts
§ 43-46-4	Limitation on amount of liability of surviving joint owner

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.
Joint tenancy: A form of property ownership in which two or more parties hold an undivided interest in the same property that was conveyed under the same instrument at the same time. A joint tenant can sell his (her) interest but not dispose of it by will. Upon the death of a joint tenant, his (her) undivided interest is distributed among the surviving joint tenants.
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
Property: includes property, real and personal. See South Dakota Codified Laws 2-14-2
Right of survivorship: The ownership rights that result in the acquisition of title to property by reason of having survived other co-owners.
Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.