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South Dakota Intestacy Laws
These are selections from the South Dakota intestate
succession statutes,
which may be found in full by selecting
this link. (Title
29A: Uniform Probate Code, Chapter 2, Intestate Succession and Wills)
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29A-2-102. Share of the spouse.
The intestate share of a decedent's surviving spouse is:
(1) The entire intestate estate if:
(i) No descendant of the decedent survives the decedent; or
(ii) All of the decedent's surviving descendants are also descendants of the
surviving spouse;
(2) The first $100,000, plus one-half of any balance of the intestate estate, if
one or more of the decedent's surviving descendants are not descendants of the
surviving spouse.
29A-2-103. Shares of heirs other than surviving spouse.
Any part of the intestate estate not passing to the decedent's surviving spouse
under § 29A-2-102, or the entire intestate estate if there is no surviving
spouse, passes in the following order to the individuals designated below who
survive the decedent:
(1) To the decedent's descendants by representation;
(2) If there is no surviving descendant, to the decedent's parents equally if
both survive, or to the surviving parent;
(3) If there is no surviving descendant or parent, to the descendants of the
decedent's parents or either of them by representation;
(4) If there is no surviving descendant, parent, or descendant of a parent, but
the decedent is survived by one or more grandparents or descendants of
grandparents, half of the estate passes to the decedent's paternal grandparents
equally if both survive, or to the surviving paternal grandparent, or by
representation to the descendants of the decedent's paternal grandparents or
either of them if both are deceased; and the other half passes to the decedent's
maternal relatives in the same manner; but if there is no surviving grandparent
or descendant of a grandparent on either the paternal or the maternal side, the
entire estate passes to the decedent's relatives on the other side in the same
manner as the half.

29A-2-105. No taker.
If there is no taker under the provisions of this chapter, the intestate estate
passes to the State of South Dakota as provided in § 29A-3-914.
29A-2-106. Representation.
(a) If, under § 29A-2-103 (1), a decedent's intestate share or a part thereof
passes "by representation" to the decedent's descendants, the estate or part
thereof is divided into as many equal shares as there are (i) surviving children
of the decedent, if any, and (ii) children of the decedent who failed to survive
the decedent but who left descendants who survive the decedent. Each surviving
child is allocated one share. The share of each child who failed to survive the
decedent but who left descendants who survive the decedent is divided in the
same manner, with subdivision repeating at each succeeding generation until the
share is fully allocated among surviving descendants.
(b) If, under section § 29A-2-103 (3) or (4), a decedent's intestate estate or a
part thereof passes "by representation" to the descendants of the decedent's
parents or either of them or to the descendants of the decedent's paternal or
maternal grandparents or either of them, the estate or part thereof is divided
into as many equal shares as there are (i) children of the designated ancestor
or ancestors who survived the decedent, if any, and (ii) children of the
designated ancestor or ancestors who failed to survive the decedent but who left
descendants who survive the decedent. Each surviving child is allocated one
share. The share of each child who failed to survive the decedent but who left
descendants who survive the decedent is divided in the same manner, with
subdivision repeating at each succeeding generation until the share is fully
allocated among surviving descendants.
29A-2-107. Kindred of half blood.
Relatives of the half blood inherit the same share they would inherit if they
were of the whole blood.
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