29A-2-101. Intestate estate. (a) Any part of a decedent’s estate not effectively disposed of by will or otherwise passes by intestate succession to the decedent’s heirs as prescribed in this code, except as modified by the decedent’s will. (b) A decedent by will may expressly exclude or limit the right of an individual or class […]
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 […]
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 […]
29A-2-104. Requirement that heir survive decedent for 120 hours. An individual who fails to survive the decedent by 120 hours is deemed to have predeceased the decedent for purposes of homestead allowance, exempt property, and intestate succession, and the decedent’s heirs are determined accordingly. This section is not to be applied if its application would […]
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. Source: SL 1995, ch 167, §2-105.
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 […]
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. Source: SL 1995, ch 167, §2-107.
29A-2-108. Afterborn heirs. An individual is treated as living at that time if the individual was conceived prior to a decedent’s death, born within ten months of a decedent’s death, and survived one hundred twenty hours or more after birth. Source: SL 1995, ch 167, §2-108; SL 2007, ch 247, §3.
29A-2-109. Advancements. (a) If an individual dies intestate as to all or a portion of that individual’s estate, property the decedent gave during the decedent’s lifetime to an individual who, at the decedent’s death, is an heir is treated as an advancement against the heir’s intestate share only if (i) the decedent declared in a […]
29A-2-110. Debts to decedent. A debt owed to a decedent is not charged against the intestate share of any individual except the debtor. If the debtor fails to survive the decedent, the debt is not taken into account in computing the intestate share of the debtor’s descendants. Source: SL 1995, ch 167, §2-110.
29A-2-111. Alienage. No individual is disqualified to take as an heir because that individual or another individual through whom that individual claims is or has been an alien. Source: SL 1995, ch 167, §2-111.
29A-2-112. Dower and curtesy abolished. Dower and curtesy are abolished. Source: SL 1995, ch 167, §2-112.
29A-2-113. Individual related to decedent through two lines. An individual who is related to the decedent through two lines of relationship is entitled to only a single share based on the relationship that would entitle the individual to the larger share. Source: SL 1995, ch 167, §2-113.
29A-2-114. Parent and child relationships. (a) For purposes of intestate succession by, from, or through a person, and except as provided in subsection (b), an individual born out of wedlock is the child of that individual’s birth parents. However, inheritance from or through the child by a birth parent or that birth parent’s kindred is […]
29A-2-201. Definitions. In this Part: (1)As used in sections other than §29A-2-205, “decedent’s nonprobate transfers to others” means the amounts that are included in the augmented estate under §29A-2-205. (2)”Fractional interest in property held in joint tenancy with the right of survivorship” means the fraction, the numerator of which is one and the denominator of […]
29A-2-202. Elective share. (a) The surviving spouse of a decedent who dies domiciled in this State has a right of election, under the limitations and conditions stated in this Part, to take an elective-share amount equal to the value of the elective-share percentage of the augmented estate, determined by the length of time the spouse […]
29A-2-203. Computation of augmented estate. Subject to §29A-2-208, the value of the augmented estate, to the extent provided in §§29A-2-204, 29A-2-205, 29A-2-206, and 29A-2-207, consists of the sum of the values of all property, whether real or personal, movable or immovable, tangible or intangible, wherever situated, that constitute the decedent’s net probate estate, the decedent’s […]
29A-2-204. Decedent’s net probate estate. The value of the augmented estate includes the value of the decedent’s probate estate, reduced by funeral and administration expenses, homestead allowance, family allowances, exempt property, and enforceable claims. Source: SL 1995, ch 167, §2-204.
29A-2-205. Decedent’s nonprobate transfers to others. The value of the augmented estate includes the value of the decedent’s nonprobate transfers to others, not included under §29A-2-204, of any of the following types, in the amount provided respectively for each type of transfer: (1)Property owned by the decedent immediately before death that passed outside probate at […]
29A-2-206. Decedent’s nonprobate transfers to surviving spouse. Excluding property passing to the surviving spouse under the federal Social Security System, the value of the augmented estate includes the value of the decedent’s nonprobate transfers to the decedent’s surviving spouse, which consist of all property that passed outside probate at the decedent’s death from the decedent […]
