South Dakota § 29A-3-915 - Distribution to person under disability.

Full text of South Dakota South Dakota Codified Laws § 29A-3-915 — Distribution to person under disability., with citation guidance and answers to common questions.

§ 29A-3-915. Distribution to person under disability.

(a) A personal representative may discharge an obligation to distribute the share of a person for whom a conservator has been appointed only by distributing to the conservator. If the personal representative is aware that a proceeding for appointment of a conservator is pending, the personal representative shall delay distribution until the proceeding is decided.

(b) A personal representative may discharge an obligation to distribute the share of a minor not under conservatorship by distributing the share as provided in the decedent's will or in the absence of directions in the will, by distributing the share to:

(1)    The minor if married or otherwise emancipated;

(2)    A guardian of the minor;

(3)    A custodian of the minor as authorized by a uniform gifts or transfers to minors act of any applicable jurisdiction;

(4)    A financial institution (as defined in § 29A-6-101) incident to a deposit in an insured savings account or certificate in the sole name of the minor with notice of the deposit to the minor;

(5)    Any person responsible for or who has assumed responsibility for the minor's care or custody, provided that the value of the share to be distributed does not exceed $10,000.

(c) A personal representative may discharge an obligation to distribute the share of an adult person not under conservatorship but who the representative in good faith believes lacks capacity to manage his or her property or financial affairs by distributing the share as provided in the decedent's will or, in the absence of directions in the will, by distributing the share to:

(1)    An agent under a durable power of attorney who has authority to receive and collect property for the adult person;

(2)    A guardian of the adult person;

(3)    Any person responsible for or who has assumed responsibility for the adult person's care or custody, provided that the value of the share to be distributed does not exceed $10,000.

(d) The personal representative is not responsible for the proper application of money or property distributed pursuant to this section.

Source: SL 1994, ch 232, § 3-915.

Source: official South Dakota text · Last verified 2026-08-27

Frequently Asked Questions About South Dakota § 29A-3-915

What does South Dakota Codified Laws § 29A-3-915 cover?

Section 29A-3-915 ("Distribution to person under disability.") 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-3-915?

A common citation format is "South Dakota Codified Laws § 29A-3-915" (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-3-915 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.