Skip to content

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.

  • SDCL § 43-32-23
Email

Other leases go on. In other cases, a lease is not ended by the death or incapacity of either side.

  • SDCL § 43-32-23

What the estate owes under a lease is a probate question. A particular lease is a question for a licensed South Dakota attorney.

  • SDCL § 43-32-23
Sources for this section (1)
  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.

From here