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Dying Without A Will

SDCL § 29A-2-102 — the spouse takes all unless a child is not the spouse's too, then the first $100,000 and half the rest

Who survivesThe spouse takes
Who survivesNo descendantsThe spouse takesEverything
Who survivesDescendants who are all the spouse's tooThe spouse takesEverything
Who survivesA descendant who is not the spouse'sThe spouse takesThe first $100,000 and half of the rest
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What does not pass to the spouse, or everything if there is none, goes to the descendants by representation; if none, to the parents; then to the parents' descendants; then half to each side's grandparents or their descendants.

  • SDCL § 29A-2-103

Property held jointly or with a named beneficiary passes outside these rules. A particular estate is a question for a licensed South Dakota attorney.

Sources for this section (2)
  1. SDCL § 29A-2-102 — Share of the spouse
  2. SDCL § 29A-2-103 — Shares of heirs other than surviving spouse

Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed South Dakota attorney.

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