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Home→Tools→Who Inherits Calculator→South Dakota

What Happens If You Die Without a Will in South Dakota?

Use our free intestacy calculator to see exactly who inherits your estate and how much they get under your state’s intestate succession laws.

Frequently Asked Questions

South Dakota intestacy laws determine who inherits when there is no will.SDCL § 29A-2-102Verified May 27, 2026 South Dakota follows separate property rules. The surviving spouse's share depends on whether children survive and their relationship to the spouse. The order of priority is: surviving spouse, children, parents, siblings, then more distant relatives.

The surviving spouse's share in South Dakota depends on family structure.SDCL § 29A-2-102Verified May 27, 2026 With no children: Entire estate. With shared children: Entire estate (all descendants are also descendants of surviving spouse). When children from a prior relationship survive: First $100,000 plus half of the remaining estate.

South Dakota uses the "per stirpes" distribution method.SDCL § 29A-2-106; § 29A-2-709Verified May 27, 2026 Under this method, each branch of the family receives an equal share, and a deceased child's portion passes to their own descendants. By representation (per stirpes)

South Dakota requires an heir to survive the decedent by 120 hours to inherit.SDCL § 29A-2-102Verified May 27, 2026 If an heir dies within this period, they are treated as having predeceased the decedent, and their share passes to the next eligible heirs.

Under South Dakota intestacy law, stepchildren and unmarried partners do not inherit unless legally adopted or otherwise recognized by statute.SDCL § 29A-2-102Verified May 27, 2026 Only legally recognized spouses and blood or adopted relatives are included in the intestate succession order. A will or trust is the only way to provide for stepchildren or unmarried partners. The South Dakota will signing requirements page outlines what is needed to execute a valid will.

Probate costs in South Dakota depend on estate size and complexity. Estates valued at $100,000 or less may qualify for a simplified procedure that avoids formal probate. For larger estates, fees include court costs, attorney fees, and executor compensation. Use the South Dakota probate cost calculator for a detailed estimate.

Intestacy Laws in South Dakota

South Dakota intestacy law gives the surviving spouse a share that depends on the family structure. With no children, the spouse receives Entire estateSDCL § 29A-2-102Verified May 27, 2026. When shared children survive, the share changes to Entire estate (all descendants are also descendants of surviving spouse)SDCL § 29A-2-102Verified May 27, 2026.

Assets passing to children and descendants in South Dakota are divided by Per stirpesSDCL § 29A-2-106; § 29A-2-709Verified May 27, 2026. The state also imposes a 120 hoursSDCL § 29A-2-102Verified May 27, 2026 survival requirement, meaning an heir who dies within that window is treated as having predeceased the decedent.

Intestate estates in South Dakota valued under $100,000§ 29A-3-1201Verified May 27, 2026 may qualify for a simplified transfer procedure that avoids formal probate. Use the South Dakota probate calculator to estimate costs for larger estates.

A revocable living trust overrides South Dakota intestacy law and bypasses probate. Assets in the trust transfer privately to named beneficiaries without the delays, costs, or public exposure of the probate process.

SimplyTrustSimplyTrust Editorial·Updated May 27, 2026

Legal Sources

  • § 29A-3-1201
  • SDCL § 29A-2-102
  • SDCL § 29A-2-106; § 29A-2-709

Data sourced from South Dakota statutes and official state code. How we research.

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South Dakota Estate Planning Resources

In-depth guides covering South Dakota probate laws, trust requirements, and estate planning strategies.

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Include home, savings, investments, etc.

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See Who Inherits

Select your state and answer questions about your family to see how your estate would be distributed under intestacy law.

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This calculator provides general information about intestate succession and is not legal advice. Intestacy laws vary by state and situation. Consult a licensed attorney in your state for guidance specific to your family.

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