After assets of an estate have been distributed and subject to § 29A-3-1006, an undischarged claim not barred may be prosecuted in a proceeding against one or more distributees. No distributee shall be liable to claimants for amounts received as exempt property, homestead or family allowances, or for amounts in excess of the value of distribution as of the time of distribution. As between distributees, each shall bear the cost of satisfaction of unbarred claims as if the claim had been satisfied in the course of administration. Any distributee who shall have failed to notify other distributees of a demand made by a claimant in sufficient time to permit them to join in any proceeding in which the claim was asserted shall lose the right of contribution against other distributees.

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Terms Used In South Dakota Codified Laws 29A-3-1004

  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Property: includes property, real and personal. See South Dakota Codified Laws 2-14-2

Source: SL 1994, ch 232, § 3-1004.