South Dakota § 29A-2-604 Failure of testamentary provision.

South Dakota Statutes

§ 29A-2-604 — Failure of testamentary provision.

South Dakota § 29A-2-604

Title 29AUNIFORM PROBATE CODE

Ch. 29A-2INTESTATE SUCCESSION AND WILLS

This text of South Dakota § 29A-2-604 (Failure of testamentary provision.) 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-2-604 (2026).

Text

(a)A devise, other than a residuary devise, that fails for any reason becomes a part of the residue.

(b)A residuary devise that fails for any reason passes to the testator's heirs unless the residue is devised to two or more persons, in which event the failed devise passes to the other residuary devisee, or to other residuary devisees in proportion to the interest of each in the remaining part of the residue.

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(a) A devise, other than a residuary devise, that fails for any reason becomes a part of the residue. (b) A residuary devise that fails for any reason passes to the testator's heirs unless the residue is devised to two or more persons, in which event the failed devise passes to the other residuary devisee, or to other residuary devisees in proportion to the interest of each in the remaining part of the residue.