Notwithstanding § 34-26-75, a person may enter into a pre–need contract to authorize the person’s cremation and the disposition of their cremated remains. This authorization must be signed by the person and two witnesses.

A contract entered into in accordance with this section must be retained by the other contracting party for the period of time required to fulfill the obligation, plus the additional period set forth in § 34-26A-25.1.

Terms Used In South Dakota Codified Laws 34-26A-38

  • Contract: A legal written agreement that becomes binding when signed.
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • Person: includes natural persons, partnerships, associations, cooperative corporations, limited liability companies, and corporations. See South Dakota Codified Laws 2-14-2
  • 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

Any person who enters into a pre-need contract in accordance with this section may revoke the contract by providing written notice of the revocation to the other contracting party.

Source: SL 1988, ch 283, § 38; SL 2023, ch 129, § 30.

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