Notice, service of process, and consent not required of certain persons

South DakotaStatutes

Ask Donna

How this section applies to your facts.

SD Code › Title 55 › Chapter 18 › Section 55-18-5

This text was captured on Aug 14, 2026. It is a snapshot, not a live feed, so check the official code before relying on it.

Text

Neither notice nor service of process on, nor consent to, any matter in any proceeding is required from:

(1) An unborn individual;

(2) An unascertained person;

(3) The potential appointee of a power of appointment;

(4) The potential taker in default of a general power of appointment;

(5) An uninterested beneficiary; and

(6) A person bound by a representative.

Notwithstanding subdivisions (1) and (2), if no interested beneficiary, or representative thereof, would otherwise receive notice or provide consent with respect to the matter in question, a representative of an unborn or unascertained person shall act pursuant to § 55-18-9 .

Notwithstanding subdivision (5), with respect to the matter in question, notice is required to, or consent is required from, an uninterested beneficiary who does not have a substantially identical interest with one or more interested beneficiaries.

Source: SL 2017, ch 208, § 5; SL 2018, ch 275, § 32.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.

Notice, service of process, and consent not required of certain persons · S.D. Codified Laws § 55-18-5 | Frix