South Dakota § 29A-3-807 - Payment of claims.

§ 29A-3-807. Payment of claims.

(a) Upon the expiration of the earlier of the time limitations provided in § 29A-3-803 for the presentation of claims, the personal representative shall proceed to pay the claims allowed against the estate in the order of priority prescribed, after making provision for homestead, family and support allowances, for claims already presented that have not yet been allowed or whose allowance has been appealed, and for unbarred claims that may yet be presented, including costs and expenses of administration. By petition to the court in a proceeding for the purpose, or by appropriate motion if the administration is supervised, a claimant whose claim has been allowed but not paid may secure an order directing the personal representative to pay the claim to the extent funds of the estate are available to pay it.

(b) The personal representative at any time may pay any valid claim that has not been barred, with or without formal presentation, but is personally liable to any other claimant whose claim is allowed and who is injured by its payment if:

(1)    Payment was made before the expiration of the time limit stated in subsection (a) and the personal representative failed to require the payee to give adequate security for the refund of any of the payment necessary to pay other claimants; or

(2)    Payment was made, due to negligence or willful fault of the personal representative, in such manner as to deprive the injured claimant of priority.

Source: SL 1994, ch 232, § 3-807; SL 1995, ch 167, § 128.