Section 29A-3-713 - Sale, encumbrance, or transaction involving conflict of interest--Voidable--Exceptions. - South Dakota Statutes

29A-3-713. Sale, encumbrance, or transaction involving conflict of interest--Voidable--Exceptions. Any sale or encumbrance to the personal representative, the personal representative's spouse, agent or attorney, or any corporation or trust in which the personal representative has a substantial beneficial interest, or any transaction which is affected by a substantial conflict of interest on the part of the personal representative, is voidable by any person interested in the estate except one who has consented after fair disclosure, unless:
(1) The will or a contract entered into by the decedent expressly authorized the transaction; or
(2) The transaction is approved by the court after notice to interested persons.

Source: SL 1994, ch 232, § 3-713.