SD risk area
Complexity triggers in South Dakota
Scenarios that increase estate risk, such as blended families or multi-state property.
South Dakota provides an elective share for surviving spouses and a family allowance that has priority over most claims.
Which situations create the most risk here?What types of families face higher default exposure?Where do disputes most often arise?
At a glance
Key takeaways
- A surviving spouse may elect to take a statutory share of the augmented estate.
- A family allowance is available during administration and is exempt from most claims.
Questions to consider
Questions this risk area helps you evaluate in South Dakota
- Which situations create the most risk here?
- What types of families face higher default exposure?
- Where do disputes most often arise?
State overview
South Dakota provides an elective share for surviving spouses and a family allowance that has priority over most claims.
- A surviving spouse may elect to take a statutory share of the augmented estate.
- A family allowance is available during administration and is exempt from most claims.
Sources
- https://law.justia.com/codes/south-dakota/title-29a/chapter-2/section-29a-2-201/
- https://law.justia.com/codes/south-dakota/title-29a/chapter-2/section-29a-2-404/
Risk sources
- Uniform Probate Code (2019) - Foreign personal representatives
Article IV addresses ancillary administration and multi-state estates.
- Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act (UAGPPJA)
Jurisdiction conflicts for multi-state guardianship matters.
- Uniform Partition of Heirs Property Act (UPHPA)
Heirs property disputes and forced-sale protections.
National sources provide baseline context; state statutes and court rules control in South Dakota.