What the rule says
South Dakota's intestacy framework follows the Uniform Probate Code. Under S.D. Codified Laws § 29A-2-102:
- Spouse and all descendants are mutual: The spouse takes the entire estate. - Spouse and at least one descendant from prior relationship of decedent: The spouse takes the first $100,000 plus one-half of the balance. - Spouse and at least one descendant from prior relationship of spouse (not decedent's child): The spouse takes the first $100,000 plus one-half of the balance. - Spouse but no descendants: The spouse takes the entire estate. - Descendants but no spouse: Descendants take the entire estate by representation.
What this means in practice
- South Dakota resident dies without a will, leaving spouse and three mutual children. Estate $400,000. Spouse takes the entire $400,000. - South Dakota resident dies without a will, leaving spouse and one child from prior relationship. Estate $400,000. Spouse takes $100,000 + 50% of $300,000 = $250,000. Child takes $150,000.
What you can do about it
- SD will requirements (S.D. Codified Laws § 29A-2-502). A will must be in writing, signed by the testator, and signed by two witnesses. - SD recognizes harmless-error doctrine under § 29A-2-503. - SD recognizes holographic wills under § 29A-2-502(2). - Self-proving affidavits are recognized. - Beneficiary designations override intestacy. - Spousal election. Under S.D. Codified Laws § 29A-2-202, surviving spouse can elect against the will.
Who this affects most
South Dakota's intestacy formula is most consequential for married SD residents in mutual-descendants families and blended families with the $100,000 floor.