South Dakota Wrongful Death Laws

  • If you die in the state of South Dakota without a will, you have died intestate. Your assets will be divided among your closest relatives according to South Dakota intestate succession laws. What your spouse receives depends on whether you have children, grandchildren, parents, or other close relatives.

    Read the following to understand intestacy laws in South Dakota:

    • If the deceased leaves behind children but no spouse, the children will inherit everything.
    • If the deceased leaves behind a spouse but no descendants, the spouse will inherit everything.
    • If the deceased leaves behind a spouse and descendants from the deceased and the spouse, the spouse will inherit everything.
    • If the deceased leaves behind a spouse and at least one descendant from the deceased someone other than the spouse, the spouse will inherit $100,000 of intestate property and 1/2 of the balance. The descendants will inherit everything else divided equally.
    • If the deceased leaves behind parents but no spouse or descendants, the parents will inherit everything.
    • If the deceased leaves behind siblings but no spouse, descendants, or parents, the siblings will inherit everything.

    To learn more about intestacy laws, visit www.nolo.com.

    If you or someone you know has lost a loved one without a will, contact the lawyers at Meyerson and O’Neill law firm today at 877-373-8059.

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