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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.
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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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