# S.D. Codified Laws § 55-16-1: Definitions

> South Dakota · Statutes · In force

URL: https://www.frixlaw.com/law-library/statutes/STATE_SD_T55_C16_S55-16-1

## Section

- **Citation:** S.D. Codified Laws § 55-16-1
- **Heading:** Definitions
- **Jurisdiction:** South Dakota
- **Kind:** Statutes
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** SD Code / Title 55 / Chapter 16 / Section 55-16-1

## Text

Terms used in this chapter mean:

(1) "Claim," a right to payment, whether or not the right is reduced to judgment liquidated, unliquidated, fixed, contingent, matured, unmatured, disputed, undisputed, legal, equitable, secured, or unsecured;

(2) "Creditor," with respect to a transferor, a person who has a claim;

(3) "Debt," liability on a claim;

(4) "Disposition," a transfer, conveyance, or assignment of property, including a change in the legal ownership of property occurring upon the substitution of one trustee for another or the addition of one or more new trustees, or the exercise of a power so as to cause a transfer of property to a trustee or trustees. The term does not include the release or relinquishment of an interest in property that theretofore was the subject of a qualified disposition;

(5) "Property," real property, personal property, and interests in real or personal property;

(6) "Qualified disposition," a disposition by or from a transferor to a qualified person or qualified persons, without consideration or for less than fair market value, by means of a trust instrument;

(7) "Spouse" and "former spouse," only persons to whom the transferor was married at, or before, the time the qualified disposition is made;

(8) "Transferor," any person as an owner of property; as a holder of a power of appointment which authorizes the holder to appoint in favor of the holder, the holder's creditors, the holder's estate, or the creditors of the holder's estate; or as a trustee, directly or indirectly, makes a disposition or causes a disposition to be made.

The terms, transferor and beneficiary, may be any person as defined in subdivision 55-4-1(2).

Source: SL 2005, ch 261, § 1; SL 2015, ch 240, § 20; SL 2018, ch 275, § 28.

## Nearby sections

- [S.D. Codified Laws § 55-16-1 Definitions](https://www.frixlaw.com/law-library/statutes/STATE_SD_T55_C16_S55-16-1.md)
- [S.D. Codified Laws § 55-16-2 Trust instrument defined](https://www.frixlaw.com/law-library/statutes/STATE_SD_T55_C16_S55-16-2.md)
- [S.D. Codified Laws § 55-16-3 Qualified person defined](https://www.frixlaw.com/law-library/statutes/STATE_SD_T55_C16_S55-16-3.md)
- [S.D. Codified Laws § 55-16-4 Persons and entities not to be considered qualified person--Appointment, removal, or replacement of co-trustee, trust advisor, or trust protector](https://www.frixlaw.com/law-library/statutes/STATE_SD_T55_C16_S55-16-4.md)
- [S.D. Codified Laws § 55-16-5 Service as investment trust advisor--Service as fiduciary by transferor](https://www.frixlaw.com/law-library/statutes/STATE_SD_T55_C16_S55-16-5.md)
- [S.D. Codified Laws § 55-16-6 Successor qualified person](https://www.frixlaw.com/law-library/statutes/STATE_SD_T55_C16_S55-16-6.md)
- [S.D. Codified Laws § 55-16-7 Disposition to more than one trustee--Qualified disposition even if all trustees are not qualified persons](https://www.frixlaw.com/law-library/statutes/STATE_SD_T55_C16_S55-16-7.md)
- [S.D. Codified Laws § 55-16-8 Powers and rights of transferor--Effect on qualified disposition](https://www.frixlaw.com/law-library/statutes/STATE_SD_T55_C16_S55-16-8.md)
- [S.D. Codified Laws § 55-16-9 Creditors' actions limited to transfers with intent to defraud](https://www.frixlaw.com/law-library/statutes/STATE_SD_T55_C16_S55-16-9.md)
- [S.D. Codified Laws § 55-16-10 Claim of fraudulent transfer of settlor's assets--Requirements--Discovery--Transfer filing--Substantive rights](https://www.frixlaw.com/law-library/statutes/STATE_SD_T55_C16_S55-16-10.md)
- [S.D. Codified Laws § 55-16-11 Disposition by transferor who is a trustee--Time of disposition](https://www.frixlaw.com/law-library/statutes/STATE_SD_T55_C16_S55-16-11.md)
- [S.D. Codified Laws § 55-16-12 Creditor or other person--Rights with respect to a qualified disposition--Action against trustee, advisor, or trust preparer prohibited](https://www.frixlaw.com/law-library/statutes/STATE_SD_T55_C16_S55-16-12.md)
- [S.D. Codified Laws § 55-16-13 Action against trustee, advisor, or preparer of trust prohibited if action by creditor would be barred--Jurisdiction--Attorneys' fees and costs](https://www.frixlaw.com/law-library/statutes/STATE_SD_T55_C16_S55-16-13.md)
- [S.D. Codified Laws § 55-16-14 Multiple qualified dispositions in same trust instrument](https://www.frixlaw.com/law-library/statutes/STATE_SD_T55_C16_S55-16-14.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_SD_T55_C16_S55-16-1. Check the current official text before relying on it. Not legal advice.
