Section 10-41-39 - Right to judicial determination of tax without probate--Waiver to transfer investmentsecurity--Investment security jointly owned by spouses. - South-dakota Statutes

State Codes and Statutes

Statutes > South-dakota > Title-10 > Chapter-41 > Statute-10-41-39

10-41-39. Right to judicial determination of tax without probate--Waiver to transfer investment security--Investment security jointly owned by spouses. Any person interested in property in this state shall, if no probate proceeding involving such property has been instituted within six months after the decedent's death, obtain under the provisions of the inheritance tax of this state, a judicial determination as to the taxability of, and the amount of tax, if any, there may be chargeable against, all property in which the decedent had any interest by the circuit court for any county in which any of such property is located. If no tax is found due or if the tax found due has been paid as provided in this chapter on any intangible asset or security in which decedent had any interest, the Department of Revenue and Regulation shall issue its waiver to transfer any security. However, if spouses own intangible assets or securities as joint tenants with rights of survivorship and a joint tenant spouse dies, the ownership may be transferred to the surviving spouse without a Department of Revenue and Regulation waiver to transfer, by mailing to the issuer of the intangible asset or security a certified copy of the death certificate.

Source: SL 1941, ch 342; SDC Supp 1960, § 57.2326; SL 1972, ch 65, § 2; SL 1983, ch 81, § 3; SL 1984, ch 82; SL 1992, ch 88, § 3; SL 2003, ch 272, § 82.

State Codes and Statutes

Statutes > South-dakota > Title-10 > Chapter-41 > Statute-10-41-39

10-41-39. Right to judicial determination of tax without probate--Waiver to transfer investment security--Investment security jointly owned by spouses. Any person interested in property in this state shall, if no probate proceeding involving such property has been instituted within six months after the decedent's death, obtain under the provisions of the inheritance tax of this state, a judicial determination as to the taxability of, and the amount of tax, if any, there may be chargeable against, all property in which the decedent had any interest by the circuit court for any county in which any of such property is located. If no tax is found due or if the tax found due has been paid as provided in this chapter on any intangible asset or security in which decedent had any interest, the Department of Revenue and Regulation shall issue its waiver to transfer any security. However, if spouses own intangible assets or securities as joint tenants with rights of survivorship and a joint tenant spouse dies, the ownership may be transferred to the surviving spouse without a Department of Revenue and Regulation waiver to transfer, by mailing to the issuer of the intangible asset or security a certified copy of the death certificate.

Source: SL 1941, ch 342; SDC Supp 1960, § 57.2326; SL 1972, ch 65, § 2; SL 1983, ch 81, § 3; SL 1984, ch 82; SL 1992, ch 88, § 3; SL 2003, ch 272, § 82.

State Codes and Statutes

Back To Homepage

State Codes and Statutes

Statutes > South-dakota > Title-10 > Chapter-41 > Statute-10-41-39

10-41-39. Right to judicial determination of tax without probate--Waiver to transfer investment security--Investment security jointly owned by spouses. Any person interested in property in this state shall, if no probate proceeding involving such property has been instituted within six months after the decedent's death, obtain under the provisions of the inheritance tax of this state, a judicial determination as to the taxability of, and the amount of tax, if any, there may be chargeable against, all property in which the decedent had any interest by the circuit court for any county in which any of such property is located. If no tax is found due or if the tax found due has been paid as provided in this chapter on any intangible asset or security in which decedent had any interest, the Department of Revenue and Regulation shall issue its waiver to transfer any security. However, if spouses own intangible assets or securities as joint tenants with rights of survivorship and a joint tenant spouse dies, the ownership may be transferred to the surviving spouse without a Department of Revenue and Regulation waiver to transfer, by mailing to the issuer of the intangible asset or security a certified copy of the death certificate.

Source: SL 1941, ch 342; SDC Supp 1960, § 57.2326; SL 1972, ch 65, § 2; SL 1983, ch 81, § 3; SL 1984, ch 82; SL 1992, ch 88, § 3; SL 2003, ch 272, § 82.