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S.D. Codified Laws § 29A-3-805

Classification of claims

Applied in 1 court decision — leading case In Re Estate of Siebrasse (2002)

Most recently applied in In Re Estate of Siebrasse (September 2002)

Source: SL 1994, ch 232, § 3-805.

(a) If the applicable assets of the estate are insufficient to pay all claims in full, the personal representative shall make payment in the following order:

(1) Costs and expenses of administration;

(2) Reasonable funeral expenses;

(3) Debts and taxes with preference under federal law;

(4) Debts and taxes with preference under other laws of this state;

(5) All other claims.

(b) No preference shall be given in the payment of any claim over any other claim of the same class, and a claim due and payable shall not be entitled to a preference over claims not due.

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