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 survives | The spouse takes |
|---|---|
| Who survivesNo descendants | The spouse takesEverything |
| Who survivesDescendants who are all the spouse's too | The spouse takesEverything |
| Who survivesA descendant who is not the spouse's | The spouse takesThe first $100,000 and half of the rest |
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.
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)
- SDCL § 29A-2-102 — Share of the spouse
- 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.