What Happens if You Die Without a Will in South Dakota?
If you die intestate in South Dakota, or without a will, the state has already decided who inherits, based on your marriage and family. Here's the breakdown.
If You are Married with Children
- If your children are all shared with your spouse, your spouse inherits your entire estate.
- If you have a child from outside the marriage, your spouse inherits the first $100,000 of your estate, plus 1/2 of the remaining balance. Your children inherit the rest.
If You are Married Without Children
Your spouse inherits your entire estate if you have no children.
If You Don't Have a Spouse, but Have Children
Your children inherit all of your assets, divided equally.
If You Don't Have a Spouse or Children
Your parents inherit your estate. If neither parent survives, your siblings are next in line.
If No Living Relatives Can Be Found
Your property reverts to the state of South Dakota when no relatives can be located, though this is rare given how broadly the law searches for relatives first.
Other Things to Know about Dying Without a Will in South Dakota
- If you have a partner you're not married to, or stepchildren you never adopted, they receive nothing under intestate succession.
- South Dakota is not a community property state, so these statutory shares govern your full probate estate.
- If the state can't locate any next of kin, your estate becomes property of South Dakota.
When Does an Estate Go Through Probate Without a Will
If you die without a will in South Dakota, your estate may still avoid full probate if the total gross value of probate assets is $50,000 or less, using a small estate affidavit. Real property generally requires a formal proceeding, though South Dakota also offers a separate affidavit for real property valued at $50,000 or less, available 60 days after death (this doesn't apply to agricultural land).
Check out our article to learn more about probate in South Dakota.
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