S.D. Codified Laws § 29A-3-713

Current through the 2024 Legislative Session

Section 29A-3-713 - Sale, encumbrance, or transaction involving conflict of interest-Voidable-Exceptions

Any sale or encumbrance to the personal representative, the personal representative's spouse, agent or attorney, or any corporation or trust in which the personal representative has a substantial beneficial interest, or any transaction which is affected by a substantial conflict of interest on the part of the personal representative, is voidable by any person interested in the estate except one who has consented after fair disclosure, unless:

(1) The will or a contract entered into by the decedent expressly authorized the transaction; or

(2) The transaction is approved by the court after notice to interested persons.

SDCL 29A-3-713

SL 1994, ch 232, § 3-713.