Wills and probate in South Dakota

A surviving spouse's intestate share

South Dakota intestacy law gives a surviving spouse the entire estate if the decedent leaves no surviving descendants. A surviving spouse in South Dakota receives the entire estate if the decedent leaves descendants and all surviving descendants are also descendants of the surviving spouse.

South Dakota assigns a different intestate share when the decedent leaves surviving descendants who are not all descendants of the surviving spouse. The surviving spouse's share under that condition is one hundred thousand dollars plus half the balance of the estate.

Statements in informal probate applications

A South Dakota informal probate application includes a statement that the time limit has not expired because three years or less have passed since the decedent's death. South Dakota Codified Laws section 29A-3-301 addresses that statement in the application for informal probate.

A South Dakota informal probate application states that the decedent's original will is in the court's possession or accompanies the application. South Dakota permits the application to state instead that a certified copy of a will probated elsewhere accompanies the application.

Joint account balances at death

South Dakota assigns sums in a joint account at a party's death to the surviving party as against the decedent's estate.

Wills and account survivorship terms

The South Dakota condition applies to survivorship rights arising from account terms, trust account beneficiary designations, or payable on death payee designations.

Common questions