- Married with no children
- The surviving spouse receives the entire estate.
- Married with child or children
- If no descendant survives the decedent or all of the decedent’s surviving descendants are also descendants of the surviving spouse, the surviving spouse receives the entire estate. If one or more of the decedent’s surviving descendants are not descendants of the surviving spouse, he or she gets the first $100,000 plus one half of any balance of the estate.
- Order of estate distribution if spouse survives
- The part of the estate not inherited by the surviving spouse goes to:
1) Children or their descendants
2) Descendants of the decedent’s parents
3) Grandparents or to the descendants of the decedent’s grandparents. - No spouse survives but there are other relatives
- 1) Children or their descendants
2) Descendants of the decedent’s parents
3) Grandparents or to the descendants of the decedent’s grandparents. - Order of estate distribution if decedent not married, widow or widower
- 1) Children or their descendants
2) Descendants of the decedent’s parents
3) Grandparents or to the descendants of the decedent’s grandparents. - No surviving relatives
- The estate goes to the state of South Dakota.
- State link
- http://legis.sd.gov/Statutes/Codified_Laws/DisplayStatute.aspx?Type=Statute&Statute=29A-2
- Other links
- None
- Special notes
- 1) Any heir must survive the decedent by at least 120 hours.
2) An individual who is related to the decedent through two lines of relationship is entitled to only a single share based on the relationship that would entitle the individual to the larger share.
