There is a newer version of the South Dakota Codified Laws
2006 South Dakota Code - 29A-2-209 — Sources from which elective shares payable.
29A-2-209. Sources from which elective shares payable. (a) In a proceeding for an elective share, the following are applied first to satisfy the elective-share amount and to reduce or eliminate any contributions due from the decedent's probate estate and recipients of the decedent's nonprobate transfers to others:
(1) Amounts included in the augmented
estate under § 29A-2-204 which pass or have passed to the
surviving spouse by testate or intestate succession and amounts
included in the augmented estate under
§ 29A-2-206;
(2) Amounts included in the augmented
estate which would have passed to the spouse but were disclaimed;
and
(3) Amounts included in the augmented
estate under § 29A-2-207 up to the applicable percentage
thereof. For the purposes of this subsection, the "applicable
percentage" is twice the elective-share percentage set forth in the
schedule in § 29A-2-202(a) appropriate to the length of
time the spouse and the decedent were married to each
other.
(b) If,
after the application of subsection (a), the elective-share amount
is not fully satisfied or the surviving spouse is entitled to a
supplemental elective-share amount, amounts included in the
decedent's probate estate and in the decedent's nonprobate
transfers to others, other than amounts included under
§ 29A-2-205(3)(i) or (iii), are applied first to satisfy
the unsatisfied balance of the elective-share amount or the
supplemental elective-share amount. The decedent's probate estate
and that portion of the decedent's nonprobate transfers to others
are applied so that liability for the unsatisfied balance of the
elective-share amount or for the supplemental elective-share amount
is equitably apportioned among the recipients of the decedent's
probate estate and of that portion of the decedent's nonprobate
transfers to others in proportion to the value of their interests
therein.
(c) If,
after the application of subsections (a) and (b), the
elective-share or supplemental elective-share amount is not fully
satisfied, the remaining portion of the decedent's nonprobate
transfers to others is applied so that liability for the
unsatisfied balance of the elective-share or supplemental
elective-share amount is equitably apportioned among the recipients
of the remaining portion of the decedent's nonprobate transfers to
others in proportion to the value of their interests therein.
Source: SL 1995, ch 167, § 2-209.
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