What happens to the liability of surviving owners when a joint tenant with right of survivorship dies in South Dakota?

When a joint tenant with the right of survivorship dies in South Dakota, the liability concerning any debts or obligations does not transfer to the surviving owners. This is because, in a joint tenancy, the surviving owners automatically inherit the deceased owner's share of the property, which effectively removes that share from the deceased's estate.

As a result, the creditors cannot pursue the surviving owners for the debts of the deceased joint tenant because those debts are associated with the deceased's individual estate. Instead, the deceased's estate may be held liable for any outstanding debts, but this does not impact the surviving joint tenants. The right of survivorship ensures that upon the death of one joint tenant, their interest ceases to exist and is instead transferred directly to the surviving joint tenants, thereby isolating them from personal liability relating to the deceased’s financial obligations.