The running of any statute of limitations on a cause of action belonging to a decedent which has not been barred as of the date of death is suspended for one year following the decedent's death but resumes thereafter unless otherwise tolled.
S.D. Codified Laws § 29A-3-109
Statutes of limitation on decedent's cause of action
Applied in 3 court decisions — leading case Peterson, Ex Rel. Peterson v. Burns (2001)
Most recently applied in Nelson v. Tinkcom (July 2025)
Source: SL 1994, ch 232, § 3-109.
How often courts cite this section
Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
Official source: South Dakota Legislature. Reproduced from public-domain South Dakota statutes; confirm against the official source for the current text. Not legal advice.