A Lease After A Death
SDCL § 43-32-23 — a lease either side may end at will ends on notice of a death, and any other lease goes on
A lease that one of the parties may end at pleasure ends on notice to the other of that party's death or incapacity to contract.
Other leases go on. In other cases, a lease is not ended by the death or incapacity of either side.
What the estate owes under a lease is a probate question. A particular lease is a question for a licensed South Dakota attorney.
Sources for this section (1)
- SDCL § 43-32-23 — Termination of lease at pleasure of either party; Death or incapacity to contract; Exception
Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed South Dakota attorney.