There is a newer version of the South Dakota Codified Laws
2011 South Dakota Code
Title 43 PROPERTY
Chapter 30. Marketable Title To Real Estate
§15-19. Omitted real estate or faulty description of closed estate.
SD Codified L § 43-30S-15-19 (through 2011) What's This?
15-19. Omitted real estate or faulty description of closed estate. When 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.
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