Who Inherits If You Die Without a Will in South Dakota

Surviving spouse: the entire estate if the decedent left no descendants or if all of the decedent's surviving descendants are also descendants of the spouse; if any of the decedent's descendants are not the spouse's descendants, the spouse takes the first $100,000 plus one-half of the balance. The rest (or everything, if there is no spouse) passes to descendants by representation; if none, to the parents equally (or the surviving parent); if none, to the parents' descendants (brothers, sisters, nieces and nephews) by representation; if none, half to the paternal and half to the maternal grandparents or their descendants (one side takes all if the other has no one).

A surviving spouse may elect to take a share of the augmented estate (which includes certain nonprobate transfers) instead of what the will provides. The percentage depends on the length of the marriage: 3% after one year, rising by 3% a year to 30% at 10 years, then by 4% a year to 50% for a marriage of 15 years or more. A spouse married less than one year receives only the supplemental amount: if the spouse's total from the elective share and certain other sources is under $50,000, the spouse receives the difference. The petition must be filed within nine months after death or four months after the will is admitted to probate, whichever is later. South Dakota is not a community property state.

Personal property: 30 days after death, a successor may collect money owed to the decedent and the decedent's personal property (including bank accounts and securities) by affidavit if the entire estate, wherever located, less liens and encumbrances, does not exceed $100,000, no application or petition for appointment of a personal representative is pending or granted anywhere, and the decedent owes nothing to the Department of Social Services for nursing home or other institutional medical care. Real property: a separate affidavit may be filed with the register of deeds in each county where the land is located, at least 60 days after death, if the decedent's interest in all South Dakota real property is worth no more than $50,000 (non-agricultural land may be valued from the assessment rolls; agricultural land at fair market value), signed by all claiming successors and accompanied by a certified death certificate.