Current through the 2024 Legislative Session
Section 15-19 - Omitted real estate or faulty description of closed estateWhen an estate has been as administered in probate court and a final decree of distribution recorded in the land records, no reopening of the estate shall be required to convey an interest of the decedent merely because:
(1) all of the real estate of the decedent or interest therein was not included in the inventory or in the decree of distribution, or(2) the description of such estate or interest was mis-described in the probate record. A deed by heirs or devisees, whether in warranty or quitclaim, shall be effective to pass title to real estate if the existing probate record enables a clear and unambiguous determination that the grantors would be the persons entitled to decree of such estate or interest if the estate were reopened to correct the error or include the omitted property.SDCL app TO CHAPTER 43-30 § 15-19