South Dakota § 55-3-50 - Advancements.
Full text of South Dakota South Dakota Codified Laws § 55-3-50 — Advancements., with citation guidance and answers to common questions.
§ 55-3-50. Advancements.
Property given from a revocable trust during the trustor's lifetime to a trust beneficiary other than the trustor, whether the beneficiary holds a vested or contingent interest, is not treated as an advancement against the beneficiary's share, unless the trustor declared in a writing, or the beneficiary acknowledged in writing, that the gift is an advancement; or the trustor's writing or the beneficiary's written acknowledgment otherwise indicates that the gift is to be considered when computing the division and distribution of the trust estate following the death of the trustor.
A distribution from an irrevocable trust at the discretion of a trustee, or as directed by a distribution trust advisor, is not treated as an advancement against the beneficiary's share unless the trustee or distribution trust advisor declares in writing, or the beneficiary acknowledged in writing, that the distribution is an advancement; or the governing instrument indicates that discretionary distributions are equalized within or between classes of beneficiaries and are considered when computing the division or distributions from the trust.
Regardless of whether the recipient of the property survives the trust division or distribution, the property treated as an advancement herein is considered in computing the division and distribution of the trust estate, unless otherwise provided by the governing instrument or in writing by the trustee, distribution trust advisor or beneficiary, in accordance with this section.
For purposes of this section, property advanced is valued as of the time the beneficiary came into possession or enjoyment of the property.
Source: SL 2026, ch 198, § 3.
Source: official South Dakota text · Last verified 2026-08-27
Frequently Asked Questions About South Dakota § 55-3-50
What does South Dakota Codified Laws § 55-3-50 cover?
Section 55-3-50 ("Advancements.") 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 § 55-3-50?
A common citation format is "South Dakota Codified Laws § 55-3-50" (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 § 55-3-50 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.