2013 South Dakota Codified Laws
Title 29A - UNIFORM PROBATE CODE
Chapter 02 - Intestate Succession And Wills
§ 29A-2-102 Share of the spouse.
29A-2-102. Share of the spouse. 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.
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