South Dakota Statutes

§ 29A-2-102 — Share of the spouse.

South Dakota·Title 29A UNIFORM PROBATE CODE·Ch. 29A-2 INTESTATE SUCCESSION AND WILLS

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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Related

In Re Estate of Smid
2008 SD 82 (South Dakota Supreme Court, 2008)
14 case citations
Liebel v. Liebel
2024 S.D. 34 (South Dakota Supreme Court, 2024)
1 case citations

Legislative History

SL 1995, ch 167, § 2-102.

Nearby Sections

15
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