Disclaimer: This article is for informational purposes only and does not constitute legal advice.
Intestacy Rules in South Dakota
Detailed Answer
When a person dies without a valid will—called dying “intestate”—South Dakota law allocates their assets to heirs according to the South Dakota Uniform Probate Code (SDCL Chapter 29A-2). The process follows a hierarchy of relatives and specific distribution rules.
What Is Intestacy?
Intestacy occurs when no valid will is found or no will exists at death. The court appoints a personal representative to collect assets, pay debts, and distribute the remaining estate under statutory guidelines.
Order of Heirs
See SDCL § 29A-2-102 for the order of priority among potential heirs: spouse, descendants, parents, siblings, and more remote relatives. Full and half-blood relatives inherit equally; adoptive relationships are treated like blood.
Surviving Spouse’s Share
If the deceased leaves a surviving spouse and no descendants, the spouse inherits the entire estate. If there are descendants who are also descendants of the surviving spouse, the spouse inherits all. If the deceased has descendants not related to the spouse (from another relationship), the spouse’s share is the first $200,000 plus one-half of the remaining balance; descendants share the rest. See SDCL § 29A-2-104.
Descendants’ Share
When there is no surviving spouse, descendants (children, grandchildren) inherit the entire estate per stirpes (by branch). See SDCL § 29A-2-106.
Other Heirs
If no spouse or descendants exist, parents share equally (SDCL § 29A-2-107). If no parents survive, siblings or their descendants inherit (SDCL § 29A-2-108). The statute addresses distribution among more remote relatives up to a certain degree.
Escheat to the State
If no eligible heirs exist, the estate escheats to the State of South Dakota (SDCL § 29A-2-110).
Helpful Hints
- Locate any handwritten or digital wills, even if informal.
- Compile a complete family tree, including adoptive and step-relations.
- Gather asset and debt records early to streamline probate.
- Review SDCL Chapter 29A-2 for detailed statutory rules.
- Consult a probate attorney to navigate court procedures.
- Notify all potential heirs to prevent delays.