What Happens When You Die Without a Will in South Dakota?

A will is a legal document that: 1) names the beneficiaries of an estate, and 2) nominates a person to distribute the assets of the estate to the beneficiaries. Unfortunately, many people fail to create a will.

In South Dakota, when a person dies without a valid will, their estate gets distributed in accordance with the State’s laws of intestacy. Generally, assets will be distributed as follows:

1. A share will go to the surviving spouse.
   1. If the decedent has no descendants (children or grandchildren), or if all of the decedent’s surviving descendants are also descendants of the surviving spouse, then the spouse is entitled to the entire estate.
   2. If the decedent has one or more descendants that are not descendants of the surviving spouse, the spouse is entitled to the first $100,000 of the estate, plus one-half of the estate’s remaining balance.
2. If there is no surviving spouse, the decedent’s estate will pass to his or her descendants (this does not include stepchildren!).
3. If there is no surviving spouse or surviving descendants, the decedent’s estate will pass to his or her surviving parents.
4. If there is no surviving spouse, descendants or parents, the decedent’s estate will pass to his or her siblings.
5. If there is no surviving spouse, descendants or parents, or siblings, the decedent’s estate will pass to his or her nieces and nephews.

Without a properly executed will, your estate may not go where it was intended to. Call 605-275-5665 to speak with one of our estate planning attorneys today!