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South Dakota Intestacy Laws
These are selections from the South Dakota intestate succession statutes.  (Title 29A: Uniform Probate Code, Chapter 2, Intestate Succession and Wills)

 

The Intestacy Calculator™ uses these laws to automatically divide any intestate estate with just a few clicks.

 


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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  See Also: Which state's intestacy laws apply at death? and How are intestacy laws interpreted?
The South Dakota intestate succession statutes may be found in full by selecting this link.  (Title 29A: Uniform Probate Code, Chapter 2, Intestate Succession and Wills)


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