South Dakota Statutes

§ 29A-3-902 — Abatement--Order and amount.

South Dakota·Title 29A UNIFORM PROBATE CODE·Ch. 29A-2 PROBATE OF WILLS AND ADMINISTRATION

Unless a contrary intent is indicated in the will, and except as otherwise provided in this code, shares abate in the following order:

(1)property not disposed of by the will;
(2)property devised to a residuary devisee;
(3)property not specifically devised; and (4) all other property. Abatement within each class is in proportion to the amount of property each of the beneficiaries would have received if full distribution of the property had been made in accordance with the terms of the will.

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Related

In Re the Estate of Olson
2008 SD 4 (South Dakota Supreme Court, 2008)
15 case citations
In Re Estate of Brownlee
2002 SD 142 (South Dakota Supreme Court, 2002)
13 case citations
In Re Estate of Siebrasse
2002 SD 118 (South Dakota Supreme Court, 2002)
6 case citations
In Re the Estate of Siebrasse
2002 SD 26 (South Dakota Supreme Court, 2002)
4 case citations
In the Matter of the Estate of Henry Siebrasse
2002 SD 26 (South Dakota Supreme Court, 2002)
2 case citations

Legislative History

SL 1994, ch 232, § 3-902; SL 1995, ch 167, § 130.

Nearby Sections

15
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