reglab/housing_qa huggingface dataset:
SD Codified L § 29A-1-401 (2021)
2021 South Dakota Codified Laws|Title 29A - Uniform Probate Code|Chapter 01 - General Provisions, Definitions And Probate Jurisdiction Of Court|Section 29A-1-401 - Notice - Method and time of giving.

29A-1-401. Notice--Method and time of giving.(a) If notice of a hearing on any petition is required and except for specific notice requirements as otherwise provided, the petitioner shall cause notice of the time and place of hearing of any petition, together with a copy of the petition, to be given to any interested person or the person's attorney if the person has appeared by attorney or requested that notice be sent to an attorney. Notice shall be given:(1)By mailing a copy of the notice of hearing and of the petition at least fourteen days before the time set for the hearing by certified, registered, or ordinary first class mail addressed to the person being notified at the post office address given in the person's demand for notice, if any, or at the person's place of residence, if known;(2)By delivering a copy of the notice of hearing and of the petition to the person being notified personally at least fourteen days before the time set for the hearing; or(3)If the address or identity of any person is not known and cannot be ascertained with reasonable diligence, by publishing at least once a week for three consecutive weeks, a copy of the notice of hearing in a legal newspaper in the county where the hearing is to be held, the last publication of which is to be at least fourteen days before the time set for the hearing; or(4)If any person entitled to notice is a resident of a foreign country, by mailing a copy of the notice of hearing and a copy of the petition to the legation of the foreign country at Washington, D.C. at least fourteen days prior to the date fixed for hearing.(b) The court for good cause shown may provide for a different method or time of giving notice for any hearing.(c) Proof of the giving of notice shall be made on or before the hearing and filed in the proceeding. Source: SL 1995, ch 167, §1-401; SL 1997, ch 171, §1; SL 2000, ch 135, §1; SL 2004, ch 188, §1.
SD Codified L § 29A-1-402 (2021)
2021 South Dakota Codified Laws|Title 29A - Uniform Probate Code|Chapter 01 - General Provisions, Definitions And Probate Jurisdiction Of Court|Section 29A-1-402 - Notice - Waiver.

29A-1-402. Notice--Waiver.A person, including a guardian ad litem, conservator, or other fiduciary, may waive notice by a writing signed by the person or the person's attorney and filed in the proceeding. An individual for whom a guardianship or conservatorship is sought, or for whom a guardian or conservator has been appointed, may not waive notice. Source: SL 1995, ch 167, §1-402.
SD Codified L § 29A-2-101 (2021)
2021 South Dakota Codified Laws|Title 29A - Uniform Probate Code|Chapter 02 - Intestate Succession And Wills|Section 29A-2-101 - Intestate estate.

29A-2-101. Intestate estate.(a) Any part of a decedent's estate not effectively disposed of by will or otherwise passes by intestate succession to the decedent's heirs as prescribed in this code, except as modified by the decedent's will.(b) A decedent by will may expressly exclude or limit the right of an individual or class to succeed to property of the decedent passing by intestate succession. If that individual or a member of that class survives the decedent, the share of the decedent's intestate estate to which that individual or class would have succeeded passes as if that individual or all members of that class had disclaimed their intestate shares. Source: SL 1995, ch 167, §2-101.
SD Codified L § 29A-2-102 (2021)
2021 South Dakota Codified Laws|Title 29A - Uniform Probate Code|Chapter 02 - Intestate Succession And Wills|Section 29A-2-102 - Share of the spouse.

29A-2-102. Share of the spouse.The intestate share of a decedent's surviving spouse is:(1)The entire intestate estate if:(i)No descendant of the decedent survives the decedent; or(ii)All of the decedent's surviving descendants are also descendants of the surviving spouse;(2)The first $100,000, plus one-half of any balance of the intestate estate, if one or more of the decedent's surviving descendants are not descendants of the surviving spouse. Source: SL 1995, ch 167, §2-102.
SD Codified L § 29A-2-103 (2021)
2021 South Dakota Codified Laws|Title 29A - Uniform Probate Code|Chapter 02 - Intestate Succession And Wills|Section 29A-2-103 - Shares of heirs other than surviving spouse.

29A-2-103. Shares of heirs other than surviving spouse.Any part of the intestate estate not passing to the decedent's surviving spouse under §29A-2-102, or the entire intestate estate if there is no surviving spouse, passes in the following order to the individuals designated below who survive the decedent:(1)To the decedent's descendants by representation;(2)If there is no surviving descendant, to the decedent's parents equally if both survive, or to the surviving parent;(3)If there is no surviving descendant or parent, to the descendants of the decedent's parents or either of them by representation;(4)If there is no surviving descendant, parent, or descendant of a parent, but the decedent is survived by one or more grandparents or descendants of grandparents, half of the estate passes to the decedent's paternal grandparents equally if both survive, or to the surviving paternal grandparent, or by representation to the descendants of the decedent's paternal grandparents or either of them if both are deceased; and the other half passes to the decedent's maternal relatives in the same manner; but if there is no surviving grandparent or descendant of a grandparent on either the paternal or the maternal side, the entire estate passes to the decedent's relatives on the other side in the same manner as the half. Source: SL 1995, ch 167, §2-103.
SD Codified L § 29A-2-104 (2021)
2021 South Dakota Codified Laws|Title 29A - Uniform Probate Code|Chapter 02 - Intestate Succession And Wills|Section 29A-2-104 - Requirement that heir survive decedent for 120 hours.

29A-2-104. Requirement that heir survive decedent for 120 hours.An individual who fails to survive the decedent by 120 hours is deemed to have predeceased the decedent for purposes of homestead allowance, exempt property, and intestate succession, and the decedent's heirs are determined accordingly. This section is not to be applied if its application would result in a taking of intestate estate by the state under §29A-2-105. Source: SL 1995, ch 167, §2-104.
SD Codified L § 29A-2-105 (2021)
2021 South Dakota Codified Laws|Title 29A - Uniform Probate Code|Chapter 02 - Intestate Succession And Wills|Section 29A-2-105 - No taker.

29A-2-105. No taker.If there is no taker under the provisions of this chapter, the intestate estate passes to the State of South Dakota as provided in §29A-3-914. Source: SL 1995, ch 167, §2-105.
SD Codified L § 29A-2-106 (2021)
2021 South Dakota Codified Laws|Title 29A - Uniform Probate Code|Chapter 02 - Intestate Succession And Wills|Section 29A-2-106 - Representation.

29A-2-106. Representation.(a) If, under §29A-2-103(1), a decedent's intestate share or a part thereof passes "by representation" to the decedent's descendants, the estate or part thereof is divided into as many equal shares as there are (i) surviving children of the decedent, if any, and (ii) children of the decedent who failed to survive the decedent but who left descendants who survive the decedent. Each surviving child is allocated one share. The share of each child who failed to survive the decedent but who left descendants who survive the decedent is divided in the same manner, with subdivision repeating at each succeeding generation until the share is fully allocated among surviving descendants.(b) If, under §29A-2-103(3) or (4), a decedent's intestate estate or a part thereof passes "by representation" to the descendants of the decedent's parents or either of them or to the descendants of the decedent's paternal or maternal grandparents or either of them, the estate or part thereof is divided into as many equal shares as there are (i) children of the designated ancestor or ancestors who survived the decedent, if any, and (ii) children of the designated ancestor or ancestors who failed to survive the decedent but who left descendants who survive the decedent. Each surviving child is allocated one share. The share of each child who failed to survive the decedent but who left descendants who survive the decedent is divided in the same manner, with subdivision repeating at each succeeding generation until the share is fully allocated among surviving descendants. Source: SL 1995, ch 167, §2-106.
SD Codified L § 29A-2-107 (2021)
2021 South Dakota Codified Laws|Title 29A - Uniform Probate Code|Chapter 02 - Intestate Succession And Wills|Section 29A-2-107 - Kindred of half blood.

29A-2-107. Kindred of half blood.Relatives of the half blood inherit the same share they would inherit if they were of the whole blood. Source: SL 1995, ch 167, §2-107.
SD Codified L § 29A-2-108 (2021)
2021 South Dakota Codified Laws|Title 29A - Uniform Probate Code|Chapter 02 - Intestate Succession And Wills|Section 29A-2-108 - Afterborn heirs.

29A-2-108. Afterborn heirs.An individual is treated as living at that time if the individual was conceived prior to a decedent's death, born within ten months of a decedent's death, and survived one hundred twenty hours or more after birth. Source: SL 1995, ch 167, §2-108; SL 2007, ch 247, §3.
SD Codified L § 29A-2-109 (2021)
2021 South Dakota Codified Laws|Title 29A - Uniform Probate Code|Chapter 02 - Intestate Succession And Wills|Section 29A-2-109 - Advancements.

29A-2-109. Advancements.(a) If an individual dies intestate as to all or a portion of that individual's estate, property the decedent gave during the decedent's lifetime to an individual who, at the decedent's death, is an heir is treated as an advancement against the heir's intestate share only if (i) the decedent declared in a writing or the heir acknowledged in writing that the gift is an advancement or (ii) the decedent's writing or the heir's written acknowledgment otherwise indicates that the gift is to be taken into account in computing the division and distribution of the decedent's intestate estate.(b) For purposes of subsection (a), property advanced is valued as of the time the heir came into possession or enjoyment of the property or as of the time of the decedent's death, whichever first occurs.(c) If the recipient of the property fails to survive the decedent, the property is not taken into account in computing the division and distribution of the decedent's intestate estate, unless the decedent's writing provides otherwise. Source: SL 1995, ch 167, §2-109.
SD Codified L § 29A-2-110 (2021)
2021 South Dakota Codified Laws|Title 29A - Uniform Probate Code|Chapter 02 - Intestate Succession And Wills|Section 29A-2-110 - Debts to decedent.

29A-2-110. Debts to decedent.A debt owed to a decedent is not charged against the intestate share of any individual except the debtor. If the debtor fails to survive the decedent, the debt is not taken into account in computing the intestate share of the debtor's descendants. Source: SL 1995, ch 167, §2-110.
SD Codified L § 29A-2-111 (2021)
2021 South Dakota Codified Laws|Title 29A - Uniform Probate Code|Chapter 02 - Intestate Succession And Wills|Section 29A-2-111 - Alienage.

29A-2-111. Alienage.No individual is disqualified to take as an heir because that individual or another individual through whom that individual claims is or has been an alien. Source: SL 1995, ch 167, §2-111.
SD Codified L § 29A-2-112 (2021)
2021 South Dakota Codified Laws|Title 29A - Uniform Probate Code|Chapter 02 - Intestate Succession And Wills|Section 29A-2-112 - Dower and curtesy abolished.

29A-2-112. Dower and curtesy abolished.Dower and curtesy are abolished. Source: SL 1995, ch 167, §2-112.
SD Codified L § 29A-2-113 (2021)
2021 South Dakota Codified Laws|Title 29A - Uniform Probate Code|Chapter 02 - Intestate Succession And Wills|Section 29A-2-113 - Individual related to decedent through two lines.

29A-2-113. Individual related to decedent through two lines.An individual who is related to the decedent through two lines of relationship is entitled to only a single share based on the relationship that would entitle the individual to the larger share. Source: SL 1995, ch 167, §2-113.
SD Codified L § 29A-2-114 (2021)
2021 South Dakota Codified Laws|Title 29A - Uniform Probate Code|Chapter 02 - Intestate Succession And Wills|Section 29A-2-114 - Parent and child relationships.

29A-2-114. Parent and child relationships.(a) For purposes of intestate succession by, from, or through a person, and except as provided in subsection (b), an individual born out of wedlock is the child of that individual's birth parents. However, inheritance from or through the child by a birth parent or that birth parent's kindred is precluded unless that birth parent has openly treated the child as kindred, and has not refused to support the child.(b) For purposes of intestate succession by, from, or through a person, an adopted individual is the child of that individual's adopting parent or parents and not of that individual's birth parents, except that:(1)Adoption of a child by the spouse of a birth parent has no effect on (i) the relationship between the child and the birth parent whose spouse has adopted the child or (ii) the right of the child or a descendant of the child to inherit from or through the other birth parent; and(2)Adoption of a child by a birth grandparent or a descendant of a birth grandparent of the child has no effect on the right of the child or a descendant of the child to inherit from or through either birth parent;(c) The identity of the mother of an individual born out of wedlock is established by the birth of the child. The identity of the father may be established by the subsequent marriage of the parents, by a written acknowledgment by the father during the child's lifetime, by a judicial determination of paternity during the father's lifetime, or by a presentation of clear and convincing proof in the proceeding to settle the father's estate. Source: SL 1995, ch 167, §2-114.
SD Codified L § 29A-2-201 (2021)
2021 South Dakota Codified Laws|Title 29A - Uniform Probate Code|Chapter 02 - Intestate Succession And Wills|Section 29A-2-201 - Definitions.

29A-2-201. Definitions.In this Part:(1)As used in sections other than §29A-2-205, "decedent's nonprobate transfers to others" means the amounts that are included in the augmented estate under §29A-2-205.(2)"Fractional interest in property held in joint tenancy with the right of survivorship" means the fraction, the numerator of which is one and the denominator of which, if the decedent was a joint tenant, is one plus the number of joint tenants who survive the decedent and which, if the decedent was not a joint tenant, is the number of joint tenants.(3)"Marriage," as it relates to a transfer by the decedent during marriage, means any marriage of the decedent to the decedent's surviving spouse.(4)"Nonadverse party" means a person who does not have a substantial beneficial interest in the trust or other property arrangement that would be adversely affected by the exercise or nonexercise of the power that the person possesses respecting the trust or other property arrangement. A person having a general power of appointment over property is deemed to have a beneficial interest in the property.(5)"Power" or "power of appointment" includes a power to designate the beneficiary of a beneficiary designation.(6)"Probate estate" means homestead allowance, family allowances, exempt property and property that would pass by intestate succession if the decedent died without a valid will.(7)"Property" includes values subject to a beneficiary designation.(8)"Right to income" includes a right to payments under a commercial or private annuity, an annuity trust, a unitrust, a pension, profit-sharing or other retirement plan or account, or a similar arrangement.(9)"Transfer," as it relates to a transfer by or of the decedent, includes (A) an exercise or release of a presently exercisable general power of appointment held by the decedent, (B) a lapse at death of a presently exercisable general power of appointment held by the decedent, and (C) an exercise, release, or lapse of a general power of appointment that the decedent created in the decedent's own favor and of a power described in §29A-2-205(2)(ii) that the decedent conferred on a nonadverse party. Source: SL 1995, ch 167, §2-201.
SD Codified L § 29A-2-202 (2021)
2021 South Dakota Codified Laws|Title 29A - Uniform Probate Code|Chapter 02 - Intestate Succession And Wills|Section 29A-2-202 - Elective share.

29A-2-202. Elective share.(a) The surviving spouse of a decedent who dies domiciled in this State has a right of election, under the limitations and conditions stated in this Part, to take an elective-share amount equal to the value of the elective-share percentage of the augmented estate, determined by the length of time the spouse and the decedent were married to each other, in accordance with the following schedule:If the decedent and the spouseThe elective-share were married to each other:percentage is: Less than 1 year Supplemental Amount Only1 year but less than 2 years 3% of the augmented estate2 years but less than 3 years 6% of the augmented estate3 years but less than 4 years 9% of the augmented estate4 years but less than 5 years 12% of the augmented estate5 years but less than 6 years 15% of the augmented estate6 years but less than 7 years 18% of the augmented estate7 years but less than 8 years 21% of the augmented estate8 years but less than 9 years 24% of the augmented estate9 years but less than 10 years 27% of the augmented estate10 years but less than 11 years 30% of the augmented estate11 years but less than 12 years 34% of the augmented estate12 years but less than 13 years 38% of the augmented estate13 years but less than 14 years 42% of the augmented estate14 years but less than 15 years 46% of the augmented estate15 years or more 50% of the augmented estate(b) If the sum of the amounts described in §§29A-2-207, 29A-2-209(a)(1), and that part of the elective-share amount payable from the decedent's probate estate and nonprobate transfers to others under §29A-2-209(b) and (c) is less than $50,000, the surviving spouse is entitled to take a supplemental elective-share amount equal to $50,000, minus the sum of the amounts described in those sections. The supplemental elective-share amount is payable from the decedent's probate estate and from recipients of the decedent's nonprobate transfers to others in the order of priority set forth in §29A-2-209(b) and (c).(c) If the right of election is exercised by or on behalf of the surviving spouse, the surviving spouse's homestead allowance, exempt property, and family allowance, if any, are not charged against but are in addition to the elective-share and supplemental elective-share amounts.(d) The right, if any, of the surviving spouse of a decedent who dies domiciled outside this state to take an elective share in property in this state is governed by the law of the decedent's domicile at death. Source: SL 1995, ch 167, §2-202.
SD Codified L § 29A-2-203 (2021)
2021 South Dakota Codified Laws|Title 29A - Uniform Probate Code|Chapter 02 - Intestate Succession And Wills|Section 29A-2-203 - Computation of augmented estate.

29A-2-203. Computation of augmented estate.Subject to §29A-2-208, the value of the augmented estate, to the extent provided in §§29A-2-204, 29A-2-205, 29A-2-206, and 29A-2-207, consists of the sum of the values of all property, whether real or personal, movable or immovable, tangible or intangible, wherever situated, that constitute the decedent's net probate estate, the decedent's nonprobate transfers to others, the decedent's nonprobate transfers to the surviving spouse, and the surviving spouse's property and nonprobate transfers to others. Source: SL 1995, ch 167, §2-203.
SD Codified L § 29A-2-204 (2021)
2021 South Dakota Codified Laws|Title 29A - Uniform Probate Code|Chapter 02 - Intestate Succession And Wills|Section 29A-2-204 - Decedent's net probate estate.

29A-2-204. Decedent's net probate estate.The value of the augmented estate includes the value of the decedent's probate estate, reduced by funeral and administration expenses, homestead allowance, family allowances, exempt property, and enforceable claims. Source: SL 1995, ch 167, §2-204.
SD Codified L § 29A-2-206 (2021)
2021 South Dakota Codified Laws|Title 29A - Uniform Probate Code|Chapter 02 - Intestate Succession And Wills|Section 29A-2-206 - Decedent's nonprobate transfers to surviving spouse.

29A-2-206. Decedent's nonprobate transfers to surviving spouse.Excluding property passing to the surviving spouse under the federal Social Security System, the value of the augmented estate includes the value of the decedent's nonprobate transfers to the decedent's surviving spouse, which consist of all property that passed outside probate at the decedent's death from the decedent to the surviving spouse by reason of the decedent's death, including:(1)The decedent's fractional interest in property held as a joint tenant with the right of survivorship, to the extent that the decedent's fractional interest passed to the surviving spouse as surviving joint tenant;(2)The decedent's ownership interest in property or accounts held in co-ownership registration with the right of survivorship, to the extent the decedent's ownership interest passed to the surviving spouse as surviving co-owner; and(3)All other property that would have been included in the augmented estate under §29A-2-205(1) or (2) had it passed to or for the benefit of a person other than the decedent's spouse, surviving spouse, the decedent, or the decedent's creditors, estate, or estate creditors. Source: SL 1995, ch 167, §2-206.
SD Codified L § 29A-2-207 (2021)
2021 South Dakota Codified Laws|Title 29A - Uniform Probate Code|Chapter 02 - Intestate Succession And Wills|Section 29A-2-207 - Surviving spouse's property and nonprobate transfers to others.

29A-2-207. Surviving spouse's property and nonprobate transfers to others.(a) Except to the extent included in the augmented estate under §29A-2-204 or 29A-2-206, the value of the augmented estate includes the value of:(1)Property that was owned by the decedent's surviving spouse at the decedent's death, including:(i)The surviving spouse's fractional interest in property held in joint tenancy with the right of survivorship;(ii)The surviving spouse's ownership interest in property or accounts held in co-ownership registration with the right of survivorship; and(iii)Property that passed to the surviving spouse by reason of the decedent's death, but not including the spouse's right to homestead allowance, family allowance, exempt property, or payments under the federal Social Security System; and(2)Property that would have been included in the surviving spouse's nonprobate transfers to others, other than the spouse's fractional and ownership interests included under subsection (a)(1)(i) or (ii), had the spouse been the decedent.(b) Property included under this section is valued at the decedent's death, taking the fact that the decedent predeceased the spouse into account, but, for purposes of subsection (a)(1)(i) and (ii), the values of the spouse's fractional and ownership interests are determined immediately before the decedent's death if the decedent was then a joint tenant or a co-owner of the property or accounts. For purposes of subsection (a)(2), proceeds of insurance that would have been included in the spouse's nonprobate transfers to others under §29A-2-205(1)(iv) are not valued as if the surviving spouse were deceased.(c) The value of property included under this section is reduced by enforceable claims against the surviving spouse. Source: SL 1995, ch 167, §2-207.