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§ 21-44-3 Proceeding for termination of life estate--Contents of verified petition.

SD Codified L § 21-44-3 (2019) (N/A)
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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;

(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.

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§ 21-44-2 Recording of death certificate for joint tenant or life tenant--Prima facie evidence--Recording of inheritance tax determination--Affidavit identifying property involved.
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§ 21-44-4 Joinder of proceedings as to two or more life tenants.