Intestate Succession in South Dakota
State-specific overview · Estate & Probate
South Dakota follows the Uniform Probate Code, distributing to spouse and descendants in a fixed order.
How South Dakota treats Intestate Succession
If the deceased leaves a spouse and children, the spouse receives the first $200,000 plus half the remaining estate, with children splitting the rest. If no spouse exists, children inherit equally; if no children, parents inherit; if none, siblings divide the estate. South Dakota allows the surviving spouse to claim a homestead allowance and exempt certain property from creditors' claims.
The general definition of Intestate Succession
The legal process of distributing a deceased person's property when they leave no valid will.
If someone dies without a will (or with an invalid will), state law determines who inherits their property. Each state has a set order of priority—usually spouse first, then children, then parents, then siblings. The court appoints an administrator to manage the estate and follow these statutory rules, even if the deceased person's wishes were different.
Read the full Intestate Succession 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.