South Dakota § 29A-2-102 Share of the spouse.

South Dakota Statutes

§ 29A-2-102 — Share of the spouse.

South Dakota § 29A-2-102

Title 29AUNIFORM PROBATE CODE

Ch. 29A-2INTESTATE SUCCESSION AND WILLS

This text of South Dakota § 29A-2-102 (Share of the spouse.) is published on Counsel Stack Legal Research, covering South Dakota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

S.D. Codified Laws § 29A-2-102 (2026).

Text

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 or more of the decedent's surviving descendants are not descendants of the surviving spouse.

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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 or more of the decedent's surviving descendants are not descendants of the surviving spouse.