reglab/statecodes huggingface dataset:
2023 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 Only
1 year but less than 2 years 3% of the augmented estate
2 years but less than 3 years 6% of the augmented estate
3 years but less than 4 years 9% of the augmented estate
4 years but less than 5 years 12% of the augmented estate
5 years but less than 6 years 15% of the augmented estate
6 years but less than 7 years 18% of the augmented estate
7 years but less than 8 years 21% of the augmented estate
8 years but less than 9 years 24% of the augmented estate
9 years but less than 10 years 27% of the augmented estate
10 years but less than 11 years 30% of the augmented estate
11 years but less than 12 years 34% of the augmented estate
12 years but less than 13 years 38% of the augmented estate
13 years but less than 14 years 42% of the augmented estate
14 years but less than 15 years 46% of the augmented estate
15 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 South Dakota Codified Laws › Title 29A - Uniform Probate Code › Chapter 02 - Intestate Succession And Wills › Section 29A-2-507 - Revocation by writing or by act.

29A-2-507. Revocation by writing or by act.
(a) A will or any part thereof is revoked:
(1)By executing a subsequent will that revokes the previous will or part expressly or by inconsistency; or
(2)By performing a revocatory act on the will, if the testator performed the act with the intent and for the purpose of revoking the will or part or if another individual performed the act in the testator's conscious presence and by the testator's direction. For purposes of this paragraph, "revocatory act on the will" includes burning, tearing, canceling, obliterating, or destroying the will or any part of it, whether or not the revocatory act touched any of the words on the will.
(b) If a subsequent will does not expressly revoke a previous will, the execution of the subsequent will wholly revokes the previous will by inconsistency if the testator intended the subsequent will to replace rather than supplement the previous will.
(c) The testator is presumed to have intended a subsequent will to replace rather than supplement a previous will if the subsequent will makes a complete disposition of the testator's estate. If this presumption arises and is not rebutted by clear and convincing evidence, the previous will is revoked; only the subsequent will is operative on the testator's death.
(d) The testator is presumed to have intended a subsequent will to supplement rather than replace a previous will if the subsequent will does not make a complete disposition of the testator's estate. If this presumption arises and is not rebutted by clear and convincing evidence, the subsequent will revokes the previous will only to the extent the subsequent will is inconsistent with the previous will; each will is fully operative on the testator's death to the extent they are not inconsistent.
Source:
SL 1995, ch 167, §2-507.
2023 South Dakota Codified Laws › Title 29A - Uniform Probate Code › Chapter 02 - Intestate Succession And Wills › Section 29A-2-508 - Revocation by change of circumstances.

29A-2-508. Revocation by change of circumstances.
Except as provided in §§29A-2-803 and 29A-2-804, a change of circumstances does not revoke a will or any part of it.
Source:
SL 1995, ch 167, §2-508.
2023 South Dakota Codified Laws › Title 29A - Uniform Probate Code › Chapter 02 - Intestate Succession And Wills › Section 29A-2-509 - Revival of revoked will.

29A-2-509. Revival of revoked will.
(a) If a subsequent will that wholly revoked a previous will is thereafter revoked by a revocatory act under §29A-2-507(a)(2), the previous will is revived only if it is evident from the circumstances of the revocation of the subsequent will or from the testator's contemporary or subsequent statements that the testator intended the previous will to take effect as executed.
(b) If a subsequent will that partly revoked a previous will is thereafter revoked by a revocatory act under §29A-2-507(a)(2), a revoked part of the previous will is revived unless it is evident from the circumstances of the revocation of the subsequent will or from the testator's contemporary or subsequent statements that the testator did not intend the revoked part to take effect as executed.
(c) If a subsequent will that revoked a previous will in whole or in part is thereafter revoked by another, later, will, the previous will or its revoked part is revived only to the extent that it appears from the terms of the later will that the testator intended the previous will to take effect.
Source:
SL 1995, ch 167, §2-509.
2023 South Dakota Codified Laws › Title 29A - Uniform Probate Code › Chapter 02 - Intestate Succession And Wills › Section 29A-2-510 - Incorporation by reference.

29A-2-510. Incorporation by reference.
A writing in existence when a will is executed may be incorporated by reference if the language of the will manifests this intent and describes the writing sufficiently to permit its identification.
Source:
SL 1995, ch 167, §2-510.
2023 South Dakota Codified Laws › Title 29A - Uniform Probate Code › Chapter 02 - Intestate Succession And Wills › Section 29A-2-511 - Testamentary additions to trusts.

29A-2-511. Testamentary additions to trusts.
(a) A will may validly devise property to the trustee of a trust established or to be established (i) during the testator's lifetime by the testator, by the testator and some other person, or by some other person, including a funded or unfunded life insurance trust, although the settlor has reserved any or all rights of ownership of the insurance contracts, or (ii) at the testator's death by the testator's devise to the trustee, if the trust is identified in the testator's will and its terms are set forth in a written instrument, other than a will, executed before, concurrently with, or after the execution of the testator's will or in another individual's will if that other individual has predeceased the testator, regardless of the existence, size, or character of the corpus of the trust. The devise is not invalid because the trust is amendable or revocable, or because the trust was amended after the execution of the will or the testator's death.
(b) Unless the testator's will provides otherwise, property devised to a trust described in subsection (a) is not held under a testamentary trust of the testator, but it becomes a part of the trust to which it is devised, and must be administered and disposed of in accordance with the provisions of the governing instrument setting forth the terms of the trust, including any amendments thereto made before or after the testator's death.
(c) Unless the testator's will provides otherwise, a revocation or termination of the trust before the testator's death causes the devise to lapse.
Source:
SL 1995, ch 167, §2-511.
2023 South Dakota Codified Laws › Title 29A - Uniform Probate Code › Chapter 02 - Intestate Succession And Wills › Section 29A-2-512 - Events of independent significance.

29A-2-512. Events of independent significance.
A will may dispose of property by reference to acts and events that have significance apart from their effect upon the dispositions made by the will, whether they occur before or after the execution of the will or before or after the testator's death. The execution or revocation of another individual's will is such an event.
Source:
SL 1995, ch 167, §2-512.
2023 South Dakota Codified Laws › Title 29A - Uniform Probate Code › Chapter 02 - Intestate Succession And Wills › Section 29A-2-513 - Separate writing identifying devise of certain types of tangible personal property.

29A-2-513. Separate writing identifying devise of certain types of tangible personal property.
Whether or not the provisions relating to holographic wills apply, a will may refer to a written statement or list to dispose of items of tangible personal property not otherwise specifically disposed of by the will, other than money. To be admissible under this section as evidence of the intended disposition, the writing must be signed by the testator and must describe the items and the devisees with reasonable certainty. The writing may be referred to as one to be in existence at the time of the testator's death; it may be prepared before or after the execution of the will; it may be altered by the testator after its preparation; and it may be a writing that has no significance apart from its effect on the dispositions made by the will.
Source:
SL 1995, ch 167, §2-513.
2023 South Dakota Codified Laws › Title 29A - Uniform Probate Code › Chapter 02 - Intestate Succession And Wills › Section 29A-2-514 - Contracts concerning succession.

29A-2-514. Contracts concerning succession.
A contract to make a will or devise, or not to revoke a will or devise, or to die intestate, if executed on or after July 1, 1995, may be established only by (i) provisions of a will stating material provisions of the contract, (ii) an express reference in a will to a contract and extrinsic evidence proving the terms of the contract, or (iii) a writing signed by the decedent evidencing the contract. The execution of a joint will or mutual wills does not create a presumption of a contract not to revoke the will or wills.
Source:
SL 1995, ch 167, §2-514.
2023 South Dakota Codified Laws › Title 29A - Uniform Probate Code › Chapter 02 - Intestate Succession And Wills › Section 29A-2-515 - Deposit of will with court in testator's lifetime.

29A-2-515. Deposit of will with court in testator's lifetime.
A will may be deposited by the testator or the testator's agent with any court for safekeeping. The will must be sealed and kept confidential. During the testator's lifetime, a deposited will must be delivered only to the testator or to a person authorized in writing signed by the testator to receive the will. A conservator may be allowed to examine a deposited will of a protected testator under procedures designed to maintain the confidential character of the document to the extent possible, and to ensure that it will be resealed and kept on deposit after the examination. Upon being informed of the testator's death, the court shall notify any person designated to receive the will and deliver it to that person on request; or the court may deliver the will to the appropriate court.
Source:
SL 1995, ch 167, §2-515.
2023 South Dakota Codified Laws › Title 29A - Uniform Probate Code › Chapter 02 - Intestate Succession And Wills › Section 29A-2-516 - Duty of custodian of will--Liability.

29A-2-516. Duty of custodian of will--Liability.
After the death of a testator and on request of an interested person, a person having custody of a will of the testator shall deliver it with reasonable promptness to an appropriate court or to a person able to secure its probate. A person who willfully fails to deliver a will is liable to any person aggrieved for any damages that may be sustained by the failure.
Source:
SL 1995, ch 167, §2-516.
2023 South Dakota Codified Laws › Title 29A - Uniform Probate Code › Chapter 02 - Intestate Succession And Wills › Section 29A-2-517 - Penalty clause for contest.

29A-2-517. Penalty clause for contest.
A provision in a will purporting to penalize an interested person for contesting the will or instituting other proceedings relating to the estate is unenforceable if probable cause exists for instituting proceedings.
Source:
SL 1995, ch 167, §2-517.
2023 South Dakota Codified Laws › Title 29A - Uniform Probate Code › Chapter 02 - Intestate Succession And Wills › Section 29A-2-601 - Scope.

29A-2-601. Scope.
In the absence of a finding of a contrary intention, the rules of construction in this part control the construction of a will.
Source:
SL 1995, ch 167, §2-601.
2023 South Dakota Codified Laws › Title 29A - Uniform Probate Code › Chapter 02 - Intestate Succession And Wills › Section 29A-2-602 - Will may pass all property and after-acquired property.

29A-2-602. Will may pass all property and after-acquired property.
A will may provide for the passage of all property the testator owns at death and all property acquired by the estate after the testator's death.
Source:
SL 1995, ch 167, §2-602.
2023 South Dakota Codified Laws › Title 29A - Uniform Probate Code › Chapter 02 - Intestate Succession And Wills › Section 29A-2-603 - Anti-lapse--Deceased devisee--Class gifts.

29A-2-603. Anti-lapse--Deceased devisee--Class gifts.
(a) If an individual named as a devisee in a will dies before the will was executed, or dies after the will was executed and before the testator, the devise fails unless (i) the devisee is a grandparent, a descendant of a grandparent, a stepchild, or a descendant of the stepchild of the testator and (ii) the devisee left descendants who survive the testator. Those descendants take by representation the property to which the devisee would have been entitled had the devisee survived the testator.
(b) If a devise is made in the form of a class gift and a devisee (member of the class) dies before the will was executed, or dies after the will was executed and before the testator, the share of the devisee fails, passes to the surviving members of the class, or passes to the surviving descendants of any deceased members of the class, as the case may be, unless (i) the devisee is a grandparent, a descendant of a grandparent, a stepchild, or a descendant of a stepchild of the testator and (ii) the devisee left descendants who survive the testator. Those descendants take by representation the property to which the devisee would have been entitled had the devisee survived the testator.
(c) For purposes of this section:
(1)"Class gift" excludes a devise to "issue," "descendants," or "heirs of the body," the disposition of which is controlled by §29A-2-708, and excludes a devise to "heirs," "next of kin," "relatives," "family," or a class described by language of similar import, the disposition of which is controlled by §29A-2-711.
(2)"Devise" excludes a future interest in trust, the disposition of which is controlled by §29A-2-707, and "devisee" excludes a beneficiary thereof.
Source:
SL 1995, ch 167, §2-603.
2023 South Dakota Codified Laws › Title 29A - Uniform Probate Code › Chapter 02 - Intestate Succession And Wills › Section 29A-2-604 - Failure of testamentary provision.

29A-2-604. Failure of testamentary provision.
(a) A devise, other than a residuary devise, that fails for any reason becomes a part of the residue.
(b) A residuary devise that fails for any reason passes to the testator's heirs unless the residue is devised to two or more persons, in which event the failed devise passes to the other residuary devisee, or to other residuary devisees in proportion to the interest of each in the remaining part of the residue.
Source:
SL 1995, ch 167, §2-604.
2023 South Dakota Codified Laws › Title 29A - Uniform Probate Code › Chapter 02 - Intestate Succession And Wills › Section 29A-2-605 - Increase in securities--Accessions.

29A-2-605. Increase in securities--Accessions.
(a) If a testator executes a will that devises securities and the testator then owned securities that meet the description in the will, the devise includes additional securities owned by the testator at death to the extent the additional securities were acquired by the testator after the will was executed as a result of the testator's ownership of the described securities and are securities of any of the following types:
(1)Securities of the same organization acquired by reason of action initiated by the organization or any successor, related, or acquiring organization, excluding any acquired by exercise of purchase options;
(2)Securities of another organization acquired as a result of a merger, consolidation, reorganization, or other distribution by the organization or any successor, related, or acquiring organization; or
(3)Securities of the same organization acquired as a result of a plan of reinvestment.
(b) Distributions in cash before death with respect to a described security are not part of the devise.
Source:
SL 1995, ch 167, §2-605.
2023 South Dakota Codified Laws › Title 29A - Uniform Probate Code › Chapter 02 - Intestate Succession And Wills › Section 29A-2-606 - Nonademption of specific devises--Unpaid proceeds of sale, condemnation, or insurance--Sale by conservator or agent.

29A-2-606. Nonademption of specific devises--Unpaid proceeds of sale, condemnation, or insurance--Sale by conservator or agent.
(a) A specific devisee has a right to the specifically devised property in the testator's estate at death and:
(1)Any balance of the purchase price, together with any security agreement, owing from a purchaser to the testator at death by reason of sale of the property;
(2)Any amount of a condemnation award for the taking of the property unpaid at death;
(3)Any proceeds unpaid at death on fire or casualty insurance on or other recovery for injury to the property;
(4)Property owned by the testator at death and acquired as a result of foreclosure, or obtained in lieu of foreclosure, of the security interest for a specifically devised obligation;
(5)Property owned by the testator at death if it is evident from the circumstances that the testator intended the property to be distributed as a replacement for specifically devised property.
(b) If specifically devised property is sold or mortgaged by a conservator or by an agent acting within the authority of a durable power of attorney for a principal who lacks capacity, or if a condemnation award, insurance proceeds, or recovery for injury to the property are paid to a conservator or to an agent acting within the authority of a durable power of attorney for a principal who lacks capacity, the specific devisee has the right to a general pecuniary devise equal to the net sale price, the amount of the unpaid loan, the condemnation award, the insurance proceeds, or the recovery. The right of a specific devisee under this subsection is reduced by any right the devisee has under subsection (a). For purposes of this subsection, the acts of an agent within the authority of a durable power of attorney are presumed to be for a principal who lacks capacity.
Source:
SL 1995, ch 167, §2-606.
2023 South Dakota Codified Laws › Title 29A - Uniform Probate Code › Chapter 02 - Intestate Succession And Wills › Section 29A-2-607 - Nonexoneration.

29A-2-607. Nonexoneration.
A specific devise passes subject to any mortgage interest existing at the date of death, without right of exoneration, regardless of a general directive in the will to pay debts.
Source:
SL 1995, ch 167, §2-607.
2023 South Dakota Codified Laws › Title 29A - Uniform Probate Code › Chapter 02 - Intestate Succession And Wills › Section 29A-2-608 - Exercise of power of appointment.

29A-2-608. Exercise of power of appointment.
In the absence of a requirement that a power of appointment be exercised by a reference, or by an express or specific reference, to the power, a general residuary clause in a will, or a will making general disposition of all of the testator's property, expresses an intention to exercise a power of appointment held by the testator only if (i) the power is a general power and the creating instrument does not contain a gift if the power is not exercised or (ii) the testator's will manifests an intention to include the property subject to the power.
Source:
SL 1995, ch 167, §2-608.