{"data":{"id":"us-sd/sdcl-29a-2-606","jurisdiction":"us-sd","citation":"SDCL § 29A-2-606","heading":"Nonademption of specific devises--Unpaid proceeds of sale, condemnation, or insurance--Sale by conservator or agent.","body":"(a) A specific devisee has a right to the specifically devised property in the testator's estate at death and:\n(1) Any balance of the purchase price, together with any security agreement, owing from a purchaser to the testator at death by reason of sale of the property;\n(2) Any amount of a condemnation award for the taking of the property unpaid at death;\n(3) Any proceeds unpaid at death on fire or casualty insurance on or other recovery for injury to the property;\n(4) Property owned by the testator at death and acquired as a result of foreclosure, or obtained in lieu of foreclosure, of the security interest for a specifically devised obligation;\n(5) Property owned by the testator at death if it is evident from the circumstances that the testator intended the property to be distributed as a replacement for specifically devised property.\n(b) If specifically devised property is sold or mortgaged by a conservator or by an agent acting within the authority of a durable power of attorney for a principal who lacks capacity, or if a condemnation award, insurance proceeds, or recovery for injury to the property are paid to a conservator or to an agent acting within the authority of a durable power of attorney for a principal who lacks capacity, the specific devisee has the right to a general pecuniary devise equal to the net sale price, the amount of the unpaid loan, the condemnation award, the insurance proceeds, or the recovery. The right of a specific devisee under this subsection is reduced by any right the devisee has under subsection (a). For purposes of this subsection, the acts of an agent within the authority of a durable power of attorney are presumed to be for a principal who lacks capacity.\nSource: SL 1995, ch 167, § 2-606.","path":["TITLE 29A. UNIFORM PROBATE CODE","CHAPTER 29A-2. INTESTATE SUCCESSION AND WILLS"],"source_url":"https://sdlegislature.gov/Statutes/29A-2-606","current_through":"2026-08-31","vintage":"","retrieved_at":"2026-09-03T15:18:57Z","sha256":"f61de8792c3a01221474ca00b07f969906d10e841dcba97324a09fc50bdc2a23","source_id":"us-sd","stale":true,"prev":"us-sd/sdcl-29a-2-605","next":"us-sd/sdcl-29a-2-607"},"notice":"GroundRules: Original legal text. Not legal advice."}