reglab/housing_qa huggingface dataset:
SD Codified L § 29A-2-208 (2021)
2021 South Dakota Codified Laws|Title 29A - Uniform Probate Code|Chapter 02 - Intestate Succession And Wills|Section 29A-2-208 - Exclusions, valuation, and overlapping application.

29A-2-208. Exclusions, valuation, and overlapping application.(a) The value of any property is excluded from the decedent's nonprobate transfers to others (i) to the extent the decedent received adequate and full consideration in money or money's worth for a transfer of the property or (ii) if the property was transferred with the written joinder of, or if the transfer was consented to in writing by, the surviving spouse.(b) The value of property:(1)Included in the augmented estate under §29A-2-205, 29A-2-206, or 29A-2-207 is reduced in each category by enforceable claims against the included property; and(2)Includes the commuted value of any present or future interest and the commuted value of amounts payable under any trust, life insurance settlement option, annuity contract, public or private pension, disability compensation, death benefit or retirement plan, or any similar arrangement, exclusive of the federal Social Security system.(c) In case of overlapping application to the same property of the paragraphs or subparagraphs of §29A-2-205, 29A-2-206, or 29A-2-207, the property is included in the augmented estate under the provision resulting in the greatest value, and under only one overlapping provision if they all yield the same value. Source: SL 1995, ch 167, §2-208.
SD Codified L § 29A-2-209 (2021)
2021 South Dakota Codified Laws|Title 29A - Uniform Probate Code|Chapter 02 - Intestate Succession And Wills|Section 29A-2-209 - Sources from which elective shares payable.

29A-2-209. Sources from which elective shares payable.(a) In a proceeding for an elective share, the following are applied first to satisfy the elective-share amount and to reduce or eliminate any contributions due from the decedent's probate estate and recipients of the decedent's nonprobate transfers to others:(1)Amounts included in the augmented estate under §29A-2-204 which pass or have passed to the surviving spouse by testate or intestate succession and amounts included in the augmented estate under §29A-2-206;(2)Amounts included in the augmented estate which would have passed to the spouse but were disclaimed; and(3)Amounts included in the augmented estate under §29A-2-207 up to the applicable percentage thereof. For the purposes of this subsection, the "applicable percentage" is twice the elective-share percentage set forth in the schedule in §29A-2-202(a) appropriate to the length of time the spouse and the decedent were married to each other.(b) If, after the application of subsection (a), the elective-share amount is not fully satisfied or the surviving spouse is entitled to a supplemental elective-share amount, amounts included in the decedent's probate estate and in the decedent's nonprobate transfers to others, other than amounts included under §29A-2-205(3)(i) or (iii), are applied first to satisfy the unsatisfied balance of the elective-share amount or the supplemental elective-share amount. The decedent's probate estate and that portion of the decedent's nonprobate transfers to others are applied so that liability for the unsatisfied balance of the elective-share amount or for the supplemental elective-share amount is equitably apportioned among the recipients of the decedent's probate estate and of that portion of the decedent's nonprobate transfers to others in proportion to the value of their interests therein.(c) If, after the application of subsections (a) and (b), the elective-share or supplemental elective-share amount is not fully satisfied, the remaining portion of the decedent's nonprobate transfers to others is applied so that liability for the unsatisfied balance of the elective-share or supplemental elective-share amount is equitably apportioned among the recipients of the remaining portion of the decedent's nonprobate transfers to others in proportion to the value of their interests therein. Source: SL 1995, ch 167, §2-209.
SD Codified L § 29A-2-210 (2021)
2021 South Dakota Codified Laws|Title 29A - Uniform Probate Code|Chapter 02 - Intestate Succession And Wills|Section 29A-2-210 - Personal liability of recipients.

29A-2-210. Personal liability of recipients.(a) Only original recipients of the decedent's nonprobate transfers to others, and the donees of the recipients of the decedent's nonprobate transfers to others, to the extent the donees have the property or its proceeds, are liable to make a proportional contribution toward satisfaction of the surviving spouse's elective-share or supplemental elective-share amount. A person liable to make contribution may choose to give up the person's proportional part of the decedent's nonprobate transfers or to pay the value of the amount for which the person is liable.(b) If any section or part of any section of this part is preempted by federal law with respect to a payment, an item of property, or any other benefit included in the decedent's nonprobate transfers to others, a person who, not for value, receives the payment, item of property, or any other benefit is obligated to return the payment, item of property, or benefit, or is personally liable for the amount of the payment or the value of that item of property or benefit, as provided in §29A-2-209, to the person who would have been entitled to it were that section or part of that section not preempted. Source: SL 1995, ch 167, §2-210.
SD Codified L § 29A-2-211 (2021)
2021 South Dakota Codified Laws|Title 29A - Uniform Probate Code|Chapter 02 - Intestate Succession And Wills|Section 29A-2-211 - Proceeding for elective share--Time limit.

29A-2-211. Proceeding for elective share--Time limit.(a) Unless the time for filing an election is extended under subsection (b), the election must be made by filing in the court and mailing or delivering to the personal representative, if any, a petition for the elective share within nine months after the date of the decedent's death, or within four months after the admission to either informal or formal probate of the will of the decedent to which the election applies, whichever limitation later expires. Notice of hearing on the election must be given to persons interested in the estate and to the distributees and recipients of portions of the augmented estate whose interests will be adversely affected by the taking of the elective share. The decedent's nonprobate transfers to others are not included within the augmented estate for the purpose of computing the elective share if the petition is filed more than nine months after the decedent's death or beyond the time extended by the court under subsection (b).(b) Within nine months after the decedent's death, a petition for an extension of time for making an election may be filed and the court may grant the petition for good cause shown. Notice of the petition must be given to all persons interested in the decedent's nonprobate transfers to others.(c) A demand for an elective share may be withdrawn at any time before entry of a final determination by the court.(d) After notice and hearing, the court shall determine the elective-share and supplemental elective-share amounts, and shall order its payment from the assets of the augmented estate or by contribution as appears appropriate under §§29A-2-209 and 29A-2-210. If it appears that a fund or property included in the augmented estate has not come into the possession of the personal representative, or has been distributed by the personal representative, the court nevertheless shall fix the liability of any person who has any interest in the fund or property or who has possession thereof, whether as trustee or otherwise. The proceeding may be maintained against fewer than all persons against whom relief could be sought, but no person is subject to contribution in any greater amount than the person would have been under §§29A-2-209 and 29A-2-210 had relief been secured against all persons subject to contribution.(e) An order or judgment of the court may be enforced as necessary in suit for contribution or payment in other courts of this state or other jurisdictions. Source: SL 1995, ch 167, §2-211.
SD Codified L § 29A-2-212 (2021)
2021 South Dakota Codified Laws|Title 29A - Uniform Probate Code|Chapter 02 - Intestate Succession And Wills|Section 29A-2-212 - Right of election personal to surviving spouse.

29A-2-212. Right of election personal to surviving spouse.The right of election may be exercised either by the surviving spouse or by the surviving spouse's conservator or agent under the authority of a power of attorney, or if the surviving spouse dies prior to the expiration of the time for making an election under §29A-2-211, by the surviving spouse's personal representative. Source: SL 1995, ch 167, §2-212.
SD Codified L § 29A-2-213 (2021)
2021 South Dakota Codified Laws|Title 29A - Uniform Probate Code|Chapter 02 - Intestate Succession And Wills|Section 29A-2-213 - Waiver of right to elect and of other rights.

29A-2-213. Waiver of right to elect and of other rights.(a) The right of election of a surviving spouse and the rights of the surviving spouse to homestead allowance, exempt property, and family allowance, or any of them, may be waived, wholly or partially, before or after marriage, by a written contract, agreement, or waiver signed by the surviving spouse.(b) A surviving spouse's waiver is not enforceable if the surviving spouse proves that:(1)The waiver was not executed voluntarily; or(2)The waiver was unconscionable when it was executed and, before execution of the waiver, the surviving spouse:(i)Was not provided a fair and reasonable disclosure of the property or financial obligations of the decedent;(ii)Did not voluntarily and expressly waive, in writing, any right to disclosure of the property or financial obligations of the decedent beyond the disclosure provided; and(iii)Did not have, or reasonably could not have had, an adequate knowledge of the property or financial obligations of the decedent.(c) An issue of unconscionability of a waiver is for decision by the court as a matter of law.(d) Unless it provides to the contrary, a waiver of "all rights," or equivalent language, in the property or estate of a present or prospective spouse or a complete property settlement entered into after or in anticipation of separation or divorce is a waiver of all rights of elective share, homestead allowance, exempt property, and family allowance by each spouse in the property of the other and a renunciation by each of all benefits that would otherwise pass from the other by intestate succession or by virtue of any will executed before the waiver or property settlement. Source: SL 1995, ch 167, §2-213.
SD Codified L § 29A-2-214 (2021)
2021 South Dakota Codified Laws|Title 29A - Uniform Probate Code|Chapter 02 - Intestate Succession And Wills|Section 29A-2-214 - Protection of payors and other third parties.

29A-2-214. Protection of payors and other third parties.(a) Although under §29A-2-205 a payment, item of property, or other benefit is included in the decedent's nonprobate transfers to others, a payor or other third party is not liable for having made a payment or transferred an item of property or other benefit to a beneficiary designated in a governing instrument, or for having taken any other action in good faith reliance on the validity of a governing instrument, upon request and satisfactory proof of the decedent's death, before the payor or other third party has received written notice from the surviving spouse or spouse's representative of an intention to file a petition for the elective share or that a petition for the elective share has been filed. A payor or other third party is liable for payments made or other actions taken after the payor or other third party received written notice of an intention to file a petition for the elective share or that a petition for the elective share has been filed.(b) A written notice of intention to file a petition for the elective share or that a petition for the elective share has been filed must be mailed to the payor's or other third party's main office or home by registered or certified mail, return receipt requested, or served upon the payor or other third party in the same manner as a summons in a civil action. Upon receipt of written notice of intention to file a petition for the elective share or that a petition for the elective share has been filed, a payor or other third party may pay any amount owed or transfer or deposit any item of property held by it to or with the court having jurisdiction of the proceedings relating to the settlement of the decedent's estate, or if no proceedings have been commenced, to or with the court located in the county of the decedent's residence. The court shall hold the funds or item of property and, upon its determination under §29A-2-211(d), shall order disbursement in accordance with the determination. If no petition is filed in the court within the specified time under §29A-2-211(a) or, if filed, the demand for an elective share is withdrawn under §29A-2-211(c), the court shall order disbursement to the designated beneficiary. Payments or transfers to the court or deposits made into court discharge the payor or other third party from all claims for amounts so paid or the value of property so transferred or deposited.(c) Upon petition to the court by the beneficiary designated in a governing instrument, the court may order that all or part of the property be paid to the beneficiary in an amount and subject to conditions consistent with this part. Source: SL 1995, ch 167, §2-214.
SD Codified L § 29A-2-301 (2021)
2021 South Dakota Codified Laws|Title 29A - Uniform Probate Code|Chapter 02 - Intestate Succession And Wills|Section 29A-2-301 - Entitlement of spouse--Premarital will.

29A-2-301. Entitlement of spouse--Premarital will.(a) A testator's surviving spouse who married the testator after the execution of the testator's will is entitled to receive, as an intestate share, no less than the value of the share of the estate the surviving spouse would have received if the testator had died intestate, unless:(1)It appears from the will or other evidence that the will was made in contemplation of the testator's marriage to the surviving spouse;(2)The will expresses the intention that it is to be effective notwithstanding any subsequent marriage; or(3)The testator provided for the spouse by transfer outside the will and the intent that the transfer be in lieu of a testamentary provision is shown by the testator's statements or is reasonably inferred from the amount of the transfer or other evidence.(b) In satisfying the share provided by this section, devises made by the will to the testator's surviving spouse, if any, are applied first, and other devises abate as provided in §29A-3-902. Source: SL 1995, ch 167, §2-301.
SD Codified L § 29A-2-401 (2021)
2021 South Dakota Codified Laws|Title 29A - Uniform Probate Code|Chapter 02 - Intestate Succession And Wills|Section 29A-2-401 - Applicable law.

29A-2-401. Applicable law.This part applies to the estate of a decedent who dies domiciled in this state. Rights to homestead allowance, exempt property, and family allowance for a decedent who dies not domiciled in this state are governed by the law of the decedent's domicile at death. Source: SL 1995, ch 167, §2-401.
SD Codified L § 29A-2-402 (2021)
2021 South Dakota Codified Laws|Title 29A - Uniform Probate Code|Chapter 02 - Intestate Succession And Wills|Section 29A-2-402 - Homestead allowance.

29A-2-402. Homestead allowance.(a) A decedent's surviving spouse or minor children are entitled to a homestead allowance as provided in chapter 43-31. In addition to the homestead allowance, the decedent's surviving spouse is entitled to the property and cash described as exempt property in chapter 43-45. If there is no surviving spouse, the decedent's children are entitled jointly to the exempt property.(b) Exempt property and homestead allowance are in addition to any share passing to the surviving spouse or children by the decedent's will, by intestate succession, or by way of elective share. Exempt property and homestead allowance have priority over all claims against the estate.(c) Property that is specifically devised may not be used to satisfy rights to homestead allowance or exempt property to the extent there is other property of the estate available to satisfy such rights.(d) The personal representative may execute an instrument or deed of distribution to establish the ownership of property taken as homestead allowance or exempt property. The personal representative or any interested person aggrieved by any selection, determination, or failure to act under this section may petition the court for appropriate relief. Source: SL 1995, ch 167, §2-402.
SD Codified L § 29A-2-403 (2021)
2021 South Dakota Codified Laws|Title 29A - Uniform Probate Code|Chapter 02 - Intestate Succession And Wills|Section 29A-2-403 - Family allowance.

29A-2-403. Family allowance.(a) In addition to the homestead allowance and exempt property, the decedent's surviving spouse and minor children whom the decedent was obligated to support and the children who were in fact being supported by the decedent shall be allowed a reasonable family allowance in money out of the estate for their maintenance during the period of administration.(b) Without the necessity of court approval, the personal representative may determine the family allowance in a lump sum not exceeding $18,000 or in installments not exceeding $1,500 per month for one year.(c) The family allowance shall be payable to the surviving spouse, if living, for the use of the surviving spouse and any minor or dependent children; otherwise to the children, their guardian, conservator, or persons having their care and custody. If a minor child or dependent child is not living with the surviving spouse, the allowance may be made partially to the child or the guardian, conservator, or person having the care and custody of that child, and partially to the spouse, as their needs may appear.(d) The family allowance is exempt from and has priority over all claims except the homestead and exempt property allowances.(e) The family allowance is not chargeable against any benefit or share passing to the surviving spouse or children by the will of the decedent, unless otherwise provided, by intestate succession, or by way of elective share. The death of any person entitled to the family allowance terminates the right of that person to allowances not yet paid.(f) The personal representative or an interested person aggrieved by any determination, payment, proposed payment, or failure to act under this section may petition the court for appropriate relief, which may include a family allowance other than that which the personal representative determined or could have determined. Source: SL 1995, ch 167, §2-403.
SD Codified L § 29A-2-501 (2021)
2021 South Dakota Codified Laws|Title 29A - Uniform Probate Code|Chapter 02 - Intestate Succession And Wills|Section 29A-2-501 - Who may make a will.

29A-2-501. Who may make a will.An individual eighteen or more years of age who is of sound mind may make a will. Source: SL 1995, ch 167, §2-501.
SD Codified L § 29A-2-502 (2021)
2021 South Dakota Codified Laws|Title 29A - Uniform Probate Code|Chapter 02 - Intestate Succession And Wills|Section 29A-2-502 - Holographic will--Validity of non-holographic will--Establishing intent.

29A-2-502. Holographic will--Validity of non-holographic will--Establishing intent.(a) A will is valid as a holographic will, whether or not witnessed, if the signature and material portions of the document are in the testator's handwriting.(b) A will not valid as a holographic will must be:(1)In writing;(2)Signed by the testator or in the testator's name by some other individual in the testator's conscious presence and by the testator's direction; and(3)Signed in the conscious presence of the testator by two or more individuals who, in the conscious presence of the testator, witnessed either the signing of the will or the testator's acknowledgment of that signature.(c) Intent that the document constitute the testator's will can be established by extrinsic evidence, including, for holographic wills, portions of the document that are not in the testator's handwriting. Source: SL 1995, ch 167, §2-502.
SD Codified L § 29A-2-503 (2021)
2021 South Dakota Codified Laws|Title 29A - Uniform Probate Code|Chapter 02 - Intestate Succession And Wills|Section 29A-2-503 - Writings intended as wills, etc.

29A-2-503. Writings intended as wills, etc..Although a document or writing added upon a document was not executed in compliance with §29A-2-502, the document or writing is treated as if it had been executed in compliance with that section if the proponent of the document or writing establishes by clear and convincing evidence that the decedent intended the document or writing to constitute (i) the decedent's will, (ii) a partial or complete revocation of the will, (iii) an addition to or an alteration of the will, or (iv) a partial or complete revival of a formerly revoked will or of a formerly revoked portion of the will. Source: SL 1995, ch 167, §2-503.
SD Codified L § 29A-2-505 (2021)
2021 South Dakota Codified Laws|Title 29A - Uniform Probate Code|Chapter 02 - Intestate Succession And Wills|Section 29A-2-505 - Who may witness.

29A-2-505. Who may witness.(a) An individual generally competent to be a witness may act as a witness to a will.(b) The signing of a will by an interested witness does not invalidate the will or any provision of it. Source: SL 1995, ch 167, §2-505.
SD Codified L § 29A-2-506 (2021)
2021 South Dakota Codified Laws|Title 29A - Uniform Probate Code|Chapter 02 - Intestate Succession And Wills|Section 29A-2-506 - Choice of law as to execution.

29A-2-506. Choice of law as to execution.A written will is valid if executed in compliance with §29A-2-502 or 29A-2-503 or if its execution complies with the law at the time of execution of the jurisdiction where the will is executed, or of the law of the jurisdiction where at the time of execution or at the time of death the testator is domiciled, has a place of abode, or is a national. Source: SL 1995, ch 167, §2-506.