2019 South Dakota Codified Laws
Title 29A - Uniform Probate Code
Chapter 02 - Intestate Succession And Wills
§ 29A-2-709 Distribution by representation or per stirpes.
29A-2-709. Distribution by representation or per stirpes. (a) If a governing instrument calls for property to be distributed "by representation" or "per stirpes," the property is divided into as many equal shares as there are (i) children of the designated ancestor who survived the distribution date, if any, and (ii) children of the designated ancestor who failed to survive the distribution date but who left descendants who survived the distribution date. Each surviving child is allocated one share. The share of each child who failed to survive the distribution date but who left descendants who survived the distribution date is allocated in the same manner, with subdivision repeating at each succeeding generation until the share is fully allocated among surviving descendants.
(b) For purposes of this section, "distribution date" means the time when the interest is to take effect in possession or enjoyment.
Source: SL 1995, ch 167, ยง 2-709.
