South Dakota Statutes

§ 29A-2-103 — Shares of heirs other than surviving spouse.

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

Any part of the intestate estate not passing to the decedent's surviving spouse under § 29A-2-102 , or the entire intestate estate if there is no surviving spouse, passes in the following order to the individuals designated below who survive the decedent:

(1)To the decedent's descendants by representation;
(2)If there is no surviving descendant, to the decedent's parents equally if both survive, or to the surviving parent;
(3)If there is no surviving descendant or parent, to the descendants of the decedent's parents or either of them by representation;
(4)If there is no surviving descendant, parent, or descendant of a parent, but the decedent is survived by one or more grandparents or descendants of grandparents, half of the estate passes to the decedent's paternal grandpar

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Related

In Re Estate of Howe
2004 SD 118 (South Dakota Supreme Court, 2004)
18 case citations
In Re the Estate of Bickel
2016 SD 28 (South Dakota Supreme Court, 2016)
7 case citations
Estate of Bickel
2016 SD 28 (South Dakota Supreme Court, 2016)

Legislative History

SL 1995, ch 167, § 2-103.

Nearby Sections

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