43-46-3. Proof of insufficient other property of deceased joint owner to pay debts.

In any action instituted by a creditor or personal representative of such deceased joint owner, as specified in § 43-46-2, the person instituting such action shall allege and prove that there is not sufficient other property standing in the name of the deceased joint owner at the time of his death which is subject to and sufficient to pay said debts and obligations; provided that, if no petition is filed in court to probate the deceased joint owner's estate within thirty days from the date of his death, there shall be a presumption of evidence that the property standing in the name of decedent at the time of his death was insufficient to pay his debts and obligations.

Source: SL 1969, ch 198 (4); SDCL 30-21A-3; SL 1995, ch 167, § 167.