S.D. Codified Laws § 43-3-16

This is the official text of S.D. Codified Laws § 43-3-16, 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.

Birth of posthumous child terminates future interest depending on death without successors under certain circumstances

Official statutory text

A future interest, depending on the contingency of the death of any person without successors, heirs, issue, or children, is defeated by the birth of a posthumous child of such person, capable of taking by succession, if the posthumous child was conceived prior to the decedent's death, was born within ten months of the decedent's death, and survived one hundred twenty hours or more after birth.

Source: CivC 1877, § 211; CL 1887, § 2727; RCivC 1903, § 234; RC 1919, § 304; SDC 1939, § 51.0229; SL 2007, ch 247, § 2.

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.