South Dakota Codified Laws 21-44-3. Proceeding for termination of life estate–Contents of verified petition
Any person who claims that a life tenant is deceased may file in the circuit court for the county in which is situated the real estate or personal property involved or some portion thereof, his duly verified petition setting forth:
(1) A description of the real estate or personal property involved;
Terms Used In South Dakota Codified Laws 21-44-3
- Life estate: A property interest limited in duration to the life of the individual holding the interest (life tenant).
- Person: includes natural persons, partnerships, associations, cooperative corporations, limited liability companies, and corporations. See South Dakota Codified Laws 2-14-2
- Personal property: includes money, goods, chattels, things in action, and evidences of debt. See South Dakota Codified Laws 2-14-2
- Personal property: All property that is not real property.
- Property: includes property, real and personal. See South Dakota Codified Laws 2-14-2
(2) A complete identification of the instrument which is the basis of the proceeding, and a statement of the book and place of record thereof within this state;
(3) The fact as to the date and place of death of the life tenant;
(4) The last known post office address of the life tenant;
(5) The names and post office addresses, so far as known to the petitioner, of the surviving heirs or heirs at law of the life tenant;
(6) A statement of the names and addresses of the remaindermen entitled to such property on the expiration of the life estate.
Source: Supreme Court Rule 573, 1939; SDC 1939, § 37.1203; Supreme Court Rule adopted August 10, 1943.