SD risk area

Intestacy risk in South Dakota

How assets are distributed when there is no will and state default rules control the outcome.

South Dakota intestacy gives the surviving spouse the entire estate in many cases, or a statutory dollar amount plus a fraction when there are non-marital descendants.

Who inherits first if there is no will?How do spouse and children shares change by scenario?What are the most common surprises families face?

At a glance

Key takeaways

If there are no descendants or all descendants are also the spouse's, the spouse inherits the entire estate.
If any surviving descendant is not the spouse's, the spouse receives the first $100,000 plus one-half of the balance.
Any remaining estate passes to descendants by representation, then parents, then other relatives by statute.
An heir must survive the decedent by 120 hours to inherit under intestacy.

Questions to consider

Questions this risk area helps you evaluate in South Dakota

Who inherits first if there is no will?
How do spouse and children shares change by scenario?
What are the most common surprises families face?

State overview

South Dakota intestacy gives the surviving spouse the entire estate in many cases, or a statutory dollar amount plus a fraction when there are non-marital descendants.

If there are no descendants or all descendants are also the spouse's, the spouse inherits the entire estate.
If any surviving descendant is not the spouse's, the spouse receives the first $100,000 plus one-half of the balance.
Any remaining estate passes to descendants by representation, then parents, then other relatives by statute.
An heir must survive the decedent by 120 hours to inherit under intestacy.

Sources

Risk sources

Uniform Probate Code (2019) - Intestate succession (Article II)
Article II, Part 1 covers intestate succession, spouse/descendant shares, and representation rules.

National sources provide baseline context; state statutes and court rules control in South Dakota.

Back to risks State overview