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S.D. Codified Laws § 29A-3-713

Sale, encumbrance, or transaction involving conflict of interest--Voidable--Exceptions

Applied in 1 court decision — leading case Estate of Smeenk (2022)

Most recently applied in Estate of Smeenk (July 2022)

Source: SL 1994, ch 232, § 3-713.

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.

Official source: South Dakota Legislature. Reproduced from public-domain South Dakota statutes; confirm against the official source for the current text. Not legal advice.