{"data":{"id":"us-sd/sdcl-55-3-39","jurisdiction":"us-sd","citation":"SDCL § 55-3-39","heading":"When state law or jurisdiction provision valid, effective, and conclusive.","body":"Except as expressly provided by the terms of a governing instrument or by a court order, a general law or a state jurisdiction provision stating that the laws of this state govern is valid, effective, and conclusive for the trust if all of the following are true:\n(1) Some or all of the trust assets are deposited in this state or physical evidence of such assets is held in this state and the trust is being administered by a qualified person; in this subdivision, deposited in this state, includes being held in a checking account, time deposit, certificate of deposit, brokerage account, trust company fiduciary account, or other similar account or deposit that is located in this state including South Dakota investments;\n(2) A trustee is a qualified person who is designated as a trustee under the governing instrument, a successor trusteeship, or designated by a court having jurisdiction over the trust; and\n(3) The administration, for example, physically maintaining trust records in this state and preparing or arranging for the preparation of, on an exclusive basis or a nonexclusive basis, an income tax return that must be filed by the trust, occurs wholly or partly in this state.\nThe State of South Dakota and its courts have jurisdiction over a trust created in a foreign jurisdiction if the administration of the trust meets the three requirements set forth in this section.\nNothing in this section may be construed to be the exclusive means of providing a valid effective and conclusive state jurisdiction provision.","path":["TITLE 55. FIDUCIARIES AND TRUSTS","CHAPTER 55-3. EXPRESS TRUSTS FOR THIRD-PARTY BENEFICIARIES"],"source_url":"https://sdlegislature.gov/Statutes/55-3-39","current_through":"2026-08-31","vintage":"","retrieved_at":"2026-09-03T15:18:57Z","sha256":"009940ee2416219122fc850bd1b0803a0742604ccba52a81d6f4f8fba1d4e2d2","source_id":"us-sd","stale":true,"prev":"us-sd/sdcl-55-3-31","next":"us-sd/sdcl-55-3-40"},"notice":"GroundRules: Original legal text. Not legal advice."}