The Spouse's Share
SDCL § 29A-2-202 — an elective share rising with the years married, filed within nine months, and a family allowance first
A surviving spouse has a right to elect a percentage of the augmented estate, set by how long they were married: 3% after 1 year, rising each year, to 50% at 15 years or more. Under 1 year it is the supplemental amount only.
Nine months. The petition is filed within nine months after the death or four months after the will is admitted to probate, whichever is later.
During administration, the spouse and dependent children are allowed a reasonable family allowance, which the personal representative may set without the court at up to $18,000 in a lump sum or $1,500 a month for one year.
Computing the augmented estate is detailed work. A particular estate is a question for a licensed South Dakota attorney.
Sources for this section (3)
- SDCL § 29A-2-202 — Elective share
- SDCL § 29A-2-211 — Proceeding for elective share; Time limit
- SDCL § 29A-2-403 — Family allowance
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.