2011 South Dakota Code
Title 29A UNIFORM PROBATE CODE
Chapter 02. Intestate Succession And Wills
§29A-2-604 Failure of testamentary provision.


SD Codified L § 29A-2-604 (through 2011) What's This?

29A-2-604. Failure of testamentary provision. (a) A devise, other than a residuary devise, that fails for any reason becomes a part of the residue.

(b) A residuary devise that fails for any reason passes to the testator's heirs unless the residue is devised to two or more persons, in which event the failed devise passes to the other residuary devisee, or to other residuary devisees in proportion to the interest of each in the remaining part of the residue.

Source: SL 1995, ch 167, § 2-604.

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