Detailed Answer
Disclaimer: This is not legal advice. It is intended to help you understand South Dakota intestacy law.
When a person dies without a will in South Dakota, Chapter 29A of the South Dakota Codified Laws governs how their estate passes to heirs. The probate court appoints a personal representative (SDCL 29A-3-301) to identify all estate assets, file an inventory, settle debts, and distribute remaining property.
Identifying Estate Assets
The personal representative locates and records every asset owned by the decedent at death. Real property includes land, homes, and commercial buildings. Personal property covers tangible items such as vehicles, jewelry, and household goods, as well as intangible assets like bank accounts, investments, and insurance proceeds. Note that nonprobate assets—joint tenancies, pay-on-death accounts, and designated beneficiaries—pass outside probate.
Filing the Inventory
Under SDCL 29A-3-715, the representative must file a detailed inventory within 90 days of appointment. The inventory lists each asset’s description and fair market value. It helps the court and heirs understand the estate’s full value before debts and taxes are paid.
Distributing Assets Under Intestacy
South Dakota applies a tiered heirship structure under SDCL 29A-2-103 and SDCL 29A-2-104:
- If the decedent leaves a surviving spouse and no descendants or parents, the spouse inherits 100% of the estate.
- If all descendants are also descendants of the surviving spouse, the spouse inherits 100%.
- If some descendants are not descendants of the spouse, the spouse inherits the first $25,000 plus half of the remaining estate; the descendants share the balance equally by representation.
- If there is no surviving spouse but there are descendants, they inherit in equal shares, per stirpes.
- If there is no spouse or descendants, assets pass to parents, then to siblings, and then to more remote relatives.
- If no heirs exist, the estate escheats to the State of South Dakota.
Both real and personal property follow these same rules. For specifics, see SDCL 29A-2-104 (Spouse’s Intestate Share) and SDCL 29A-2-103 (Intestate Succession).
Helpful Hints
- Obtain certified copies of the death certificate before opening probate.
- Gather deeds, titles, account statements, and beneficiary designations early.
- Meet the 90-day inventory deadline under SDCL 29A-3-715.
- Separate probate assets from nonprobate assets to speed the process.
- Consider consulting a probate attorney to navigate deadlines and heirship rules.
- Keep clear records of all filings, appraisals, and communications during probate.