South Dakota
Estate law, probate process, and inheritance rules for South Dakota — in plain language.
$2,000–$4,000 typical
Affidavit SDCL §29A-3-1201
Elective share: 1/2 augmented estate (MUPC)
Spouse + descendants of marriage: spouse takes 100%.
- ✓Must be 18+ and of sound mind
- ✓May be required to post bond unless will waives it
- ✓Must file inventory of estate assets
- ✓Must give notice to creditors per statute
- ⏱Will filed within 30 days
- ⏱Notice to creditors: 4 months
- ⏱Inventory: 90 days after appointment
- ⚠Outdated beneficiary designations override the will
- ⚠Real estate in another state triggers ancillary probate
- ⚠Joint tenancy with non-spouse can create unintended consequences
- →SD is famously trust-friendly — dynasty trusts and asset protection trusts
- →Many out-of-state residents establish SD trusts for tax / asset protection benefits
- SDCL Title 29A (Uniform Probate Code)
Statute references are for orientation only. Verify current text with your state legislature's website. Not legal advice — consult an attorney licensed in South Dakota.
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