Intestate Succession in South Dakota

Did you know that when someone dies without a will in South Dakota, the State of South Dakota has a will for them? When someone dies without a will, state law distributes their estate. You can find South Dakota intestate succession law in Title 29A of the SDCL under the Uniform Probate Code.

The intestate succession law determines the order of inheritance of the estate.

Spouse’s Share

If the deceased has no children or living parents but a spouse survives, the spouse inherits the entire estate. If the deceased leaves behind a spouse and children with that same spouse, the spouse also inherits the full estate. However, if the deceased is survived by a spouse and has descendants from a partner other than the surviving spouse, the spouse receives the first $100,000 of the estate, plus half of the remaining balance. The other half passes to the children.

Children and Descendants

If there is no surviving spouse, or if the estate is not fully inherited by the spouse, the estate passes to the deceased person's children or their descendants. Multiple children inherit the estate equally. If a child dies before their parent, but has children of their own, the grandchildren will inherit their parent's share of the inheritance. The grandchildren will divide the inheritance equally.

Parents

If there is no surviving spouse, children, or descendants, the estate passes to the deceased person's parents equally, or to the surviving parent if only one is alive.

Siblings and Other Relatives

If there is no surviving spouse, descendants (either children or grandchildren), or parents, then the estate would pass to the siblings of the deceased, in equal shares.

No Surviving Relatives

When one does not have any surviving relatives, the State of South Dakota inherits the estate.

Special Considerations

Not all assets are subjected to the South Dakota intestacy laws. Retirement accounts with named beneficiaries, assets held in joint tenancy, and life insurance policies typically pass outside of probate.

South Dakota's intestate succession laws dictate how assets are distributed when someone dies without a will or trust.

Reference our chart below to help you visualize this process.

By knowing these laws, people can plan their estates to make sure their assets are given out as they want and follow state rules. It's never too early to plan for your estate. Reach out to the Wealth Management + Trust team for expert guidance today.