S.D. Codified Laws § 29A-2-102
This is the official text of S.D. Codified Laws § 29A-2-102, part of South Dakota’s Codified Laws — part of the compiled statutory law of South Dakota, published by the state as "Codified Laws." Browse the sections below, each linked to its official government source.
Not legal advice. This page reproduces the official text of a government statute for reference only. Laws change, and how a statute applies depends on your specific facts. For advice about your situation, consult a licensed attorney in your state.
Share of the spouse
Official statutory text
The intestate share of a decedent's surviving spouse is:
(1) The entire intestate estate if:
(i) No descendant of the decedent survives the decedent; or
(ii) All of the decedent's surviving descendants are also descendants of the surviving spouse;
(2) The first $100,000, plus one - half of any balance of the intestate estate, if one or more of the decedent's surviving descendants are not descendants of the surviving spouse.
Source: SL 1995, ch 167, § 2-102.
(1) The entire intestate estate if:
(i) No descendant of the decedent survives the decedent; or
(ii) All of the decedent's surviving descendants are also descendants of the surviving spouse;
(2) The first $100,000, plus one - half of any balance of the intestate estate, if one or more of the decedent's surviving descendants are not descendants of the surviving spouse.
Source: SL 1995, ch 167, § 2-102.
Status: in_force · Read it on the official government site
Need a lawyer in South Dakota?
Find a South Dakota lawyer
About this page: Statute text is reproduced from official government publishers via the
Open US Law dataset
(Vaquill AI, snapshot v2026.08, CC BY 4.0). Primary legislative text like this is public domain under the government-edicts doctrine
(Georgia v. Public.Resource.Org, 2020). We link every section back to its official source so you can verify it independently.