Elective Share in South Dakota
State-specific overview · Estate & Probate
South Dakota's elective share gives a surviving spouse one-third of the estate if the deceased had children, or one-half if childless.
How South Dakota treats Elective Share
South Dakota follows the Uniform Probate Code model, allowing a surviving spouse to elect against the will and receive a statutory share. The spouse receives one-third of the net estate if the deceased left surviving children, and one-half if no children survive. The election must typically be made within nine months of the death. This right applies regardless of what the will says and protects spouses from disinheritance.
The general definition of Elective Share
A surviving spouse's right to claim a portion of the deceased spouse's estate despite the will.
In most states, a surviving spouse cannot be completely cut out of a will. Even if the deceased spouse's will leaves everything to someone else, the surviving spouse has the right to claim a percentage of the estate (often one-third to one-half). This protects spouses from being disinherited and ensures they have financial security after their partner's death.
Read the full Elective Share entry →This page is a plain-English reference and is not legal advice. State laws change frequently. For specific situations consult a licensed attorney in South Dakota.