Section 21-44-10 - Proceedings for determination of inheritance tax due--Inventory--Service onDepartment of Revenue and Regulation--Jurisdiction to determine tax.
21-44-10. Proceedings for determination of inheritance tax due--Inventory--Service on Department of Revenue and Regulation--Jurisdiction to determine tax. If a proceeding for the termination of a life estate under the provisions of this chapter involves the termination of a joint tenancy in which the only surviving joint tenant is the spouse of the decedent, the decedent held no assets other than in joint tenancy with the surviving spouse or life insurance payable to the surviving spouse and the decedent died after June 30, 1980, the court in which the proceeding is pending shall have jurisdiction to determine and decree that, under § 10-40-23.1, no inheritance tax is due by reason of the death of the joint tenant. However, in any other proceeding for the termination of a life estate under the provisions of this chapter, any person desiring to have a determination of inheritance tax chargeable against the property or the surviving life tenant or tenants by reason of the death of the life tenant, may obtain in the proceeding a judicial determination as to whether or not any such tax is due and, if so, the amount which is due, by serving upon the Department of Revenue and Regulation of the State of South Dakota at least fourteen days prior to the date of hearing a copy of the order for hearing provided for by § 21-44-8, and at the same time filing with the clerk of the court where the proceedings are pending an inventory and report directed to the Department of Revenue and Regulation furnishing the information prescribed by § 10-41-17 and serving a copy of the inventory and report with proof of the filing of the original upon the Department of Revenue and Regulation. The Department of Revenue and Regulation shall file promptly with the clerk of court a formal receipt for the inventory and report. The receipt may be withheld until the furnishing of further information if the inventory and report are not complete. Upon the filing of the receipt, the court shall have jurisdiction to determine and decree whether or not any inheritance tax is due by reason of the death of the life tenant and the coming in of the surviving life tenant or tenants and, if so, the amount of tax due.
Source: SDC 1939, § 37.1212 as enacted by SL 1953, ch 207, § 1; SL 1964, ch 214, § 3; SL 1982, ch 174, § 5; SL 1986, ch 176; SL 2003, ch 272, § 82.