South Dakota § 29A-5-415 - Liability of conservator on contracts entered into during administration of estate--Torts--Successor conservator.
Full text of South Dakota South Dakota Codified Laws § 29A-5-415 — Liability of conservator on contracts entered into during administration of estate--Torts--Successor conservator., with citation guidance and answers to common questions.
§ 29A-5-415. Liability of conservator on contracts entered into during administration of estate--Torts--Successor conservator.
Unless otherwise provided in the contract, a conservator is not personally liable on a contract properly entered into in a fiduciary capacity in the course of administration of the estate unless the conservator fails to reveal the representative capacity or identify the estate in the contract.
A conservator is personally liable for obligations arising from ownership or control of property of the estate or for torts committed in the course of administration of the estate only if personally negligent.
Claims based on contracts entered into by a conservator in a fiduciary capacity, obligations arising from ownership or control of the estate, or torts committed in the course of administration of the estate, may be asserted against the estate by proceeding against the conservator in a fiduciary capacity, whether or not the conservator is personally liable.
A successor conservator is not personally liable for the contracts or actions of a predecessor. However, a successor conservator is not immunized from liability for a breach of fiduciary duty committed by a predecessor if the successor learns of the breach and fails to take reasonable corrective action.
Source: SL 1993, ch 213, § 58; SDCL 30-36-58; SL 1995, ch 167, § 181.
Source: official South Dakota text · Last verified 2026-08-27
Frequently Asked Questions About South Dakota § 29A-5-415
What does South Dakota Codified Laws § 29A-5-415 cover?
Section 29A-5-415 ("Liability of conservator on contracts entered into during administration of estate--Torts--Successor conservator.") 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-5-415?
A common citation format is "South Dakota Codified Laws § 29A-5-415" (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-5-415 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.