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Commonly Asked Questions about South Dakota Last Will and Testament

Inheritance and Estate Taxes: South Dakota does not have an inheritance tax. The voters of South Dakota repealed the state inheritance tax effective July 1, 2001. There is also no estate tax.
If an estate has assets with a value of $50,000 or less, then those assets can be distributed to someone claiming to have a right to the property without the estate having to go through probate. That person is known as a successor of the decedent with respect to that property.
The maker of the will (called the testator) be at least eighteen (18) years old and of sound mind. The will must be written. (An oral will may be considered legal only in certain unusual circumstances.) The will must be witnessed strictly in ance with the law.
In South Dakota, if you are married and you die without a will, what your spouse gets depends on whether or not you have living descendantschildren, grandchildren, or great-grandchildren. If you dont, or if all of your descendants are from you and your spouse, then your spouse inherits all of your intestate property.
Generally, children have no right to inherit anything from their parents. In certain limited circumstances, however, children may be entitled to claim a share of a deceased parents property.
If your estate does not exceed a certain value (currently $25,000.00) and consists solely of personal property, a probate proceeding may not be required and the estate can be transferred with an affidavit. Creditor claims must still be paid, however.
If you die intestate in South Dakota without a spouse but you have children, then your estate goes to your children in equal shares. If you dont have children, then your entire estate goes to your parents, if they are living. If you dont have surviving parents, then your siblings inherit everything.