South Dakota § 29A-3-803 - Limitations on presentation of claims.

§ 29A-3-803. Limitations on presentation of claims.

(a) All claims against a decedent's estate which arose before the death of the decedent, including claims of the state and any subdivision thereof, whether due or to become due, absolute or contingent, liquidated or unliquidated, founded on contract, tort, or other legal basis, if not barred earlier by another statute of limitations or nonclaim statute, are barred against the estate, the personal representative, and the heirs and devisees of the decedent, unless presented as follows:

(1)    As to creditors barred by publication, within the time set in the published notice to creditors;

(2)    As to creditors barred by written notice, within the time set in the written notice;

(3)    As to all creditors, within three years after the decedent's death.

(b) A claim described in subsection (a) which is barred by the nonclaim statute of the decedent's domicile before the giving of notice to creditors in this state is barred in this state.

(c) Nothing in this section affects or prevents:

(1)    Any proceeding to enforce any mortgage, pledge, or other lien upon property of the estate;

(2)    To the limits of the insurance protection only, any proceeding to establish liability of the decedent or the personal representative for which there is protection through liability insurance; or

(3)    Collection of compensation for services rendered and reimbursement for expenses advanced by the personal representative or by the attorney or accountant for the personal representative of the estate.

Source: SL 1994, ch 232, § 3-803; SL 1995, ch 167, § 125.