Skip to content
Oakclause

Intestate Succession Laws in South Dakota

In South Dakota, a surviving spouse inherits the entire estate when all of the deceased's descendants are also the spouse's descendants, and also inherits everything when there are no descendants, even if parents are alive. South Dakota is not a community property state.

Last checked . General information, not legal advice.

South Dakota at a glance

Spouse share with shared children
Entire estate
If any descendant is not the spouse's, the spouse takes the first $100,000 plus one-half of the rest.
Spouse takes all with shared children
Yes
Spouse share with parents, no descendants
Entire estate
Community property state
No
Not listed by the IRS among community property states; the IRS notes a separate community property election under South Dakota law.

Sources

Last checked

The rules in South Dakota

How much does a surviving spouse inherit in South Dakota when the deceased leaves children who are also the spouse's children?

Spouse share with shared children in South Dakota: Entire estate. If any descendant is not the spouse's, the spouse takes the first $100,000 plus one-half of the rest.

Does a surviving spouse in South Dakota inherit the entire intestate estate when all of the deceased's children are also the spouse's children and the spouse has no other descendants?

Yes. Spouse takes all with shared children in South Dakota: yes.

How much does a surviving spouse inherit in South Dakota when the deceased leaves no descendants but at least one parent is alive?

Spouse share with parents, no descendants in South Dakota: Entire estate.

Is South Dakota a community property state?

No. Community property state in South Dakota: no. Not listed by the IRS among community property states; the IRS notes a separate community property election under South Dakota law.

Where do the South Dakota intestate succession laws come from?

The rules above come from S.D. Codified Laws 29A-2-102. Each source is linked on this page. We last checked them in October 2026.

What this means in practice

Intestate succession rules apply only to probate property. Assets with a named beneficiary or a survivorship feature, such as life insurance, retirement accounts, payable-on-death accounts, jointly owned property with a right of survivorship and transfer-on-death deeds, usually pass outside these rules.

Family situations change the result. Children from a prior relationship, adopted children, a pending divorce or a legal separation can all affect who inherits and in what shares, so check how the statute treats each of these before relying on a simple summary.

Real estate is generally governed by the law of the state where it is located, while other property usually follows the law of the state where the person lived. A person who owns land in more than one state may have more than one set of rules apply to the estate.

General information, not legal advice. Laws change, and cities can add their own rules, so check the current statute before you rely on it.