South Dakota § 29A-3-802 - Statutes of limitations.
Full text of South Dakota South Dakota Codified Laws § 29A-3-802 — Statutes of limitations., with citation guidance and answers to common questions.
§ 29A-3-802. Statutes of limitations.
(a) Unless an estate is insolvent, or would thereby be rendered insolvent, the personal representative, with the consent of all successors whose interests would be affected, may waive any defense of limitations available to the estate. If the defense is not waived, no claim barred by a statute of limitations at the time of the decedent's death may be allowed or paid.
(b) The running of a statute of limitations measured from an event other than death or the giving of notice to creditors is suspended for two years after the decedent's death, but resumes thereafter as to claims not otherwise barred.
(c) For purposes of a statute of limitations, the presentation of a claim pursuant to § 29A-3-804 is equivalent to commencement of a proceeding on the claim.
Source: SL 1994, ch 232, § 3-802.
Source: official South Dakota text · Last verified 2026-08-27
Frequently Asked Questions About South Dakota § 29A-3-802
What does South Dakota Codified Laws § 29A-3-802 cover?
Section 29A-3-802 ("Statutes of limitations.") is part of the South Dakota Codified Laws, the codified statutory law of South Dakota. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite South Dakota § 29A-3-802?
A common citation format is "South Dakota Codified Laws § 29A-3-802" (South Dakota). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of South Dakota law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the South Dakota official source linked on this page or consult a licensed South Dakota attorney.
How does South Dakota § 29A-3-802 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in South Dakota can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in South Dakota.