## What happens if I die without a will in South Dakota? When someone dies without a valid will, they're said to have died **intestate**. South Dakota's intestate succession statute decides who inherits — not you, not your family's understanding of your wishes, not what you told someone last Thanksgiving. South Dakota is a **common-law (separate-property) state**. Each spouse owns what's titled in their name; intestacy applies to the deceased spouse's individual property. ### The basic rule for a married person with children Spouse takes the entire estate if all kids are joint. With outside kids, spouse takes the first $100,000 plus 1/2 of the remainder. ## What if I'm not married, or have no kids? South Dakota follows a standard order of priority when the spouse-and-children scenario doesn't apply: 1. **Spouse, no kids** — spouse usually takes everything (with some states cutting parents in for a share) 2. **Kids, no spouse** — kids divide everything equally; if a child has died, that child's share usually goes to their kids (the decedent's grandchildren) 3. **No spouse, no kids** — parents inherit; if parents are gone, siblings; then nieces/nephews; then grandparents; then aunts/uncles; then cousins 4. **No relatives at all** — property "escheats" to the state ## Things intestacy doesn't catch Even if you have a will, certain assets pass OUTSIDE the will and outside intestacy: - **Life insurance** — goes to the named beneficiary - **Retirement accounts (401(k), IRA)** — go to the named beneficiary - **Property held in joint tenancy or with right of survivorship** — goes to the surviving co-owner - **Bank accounts with payable-on-death (POD) designations** — go to the named beneficiary - **Property held in a trust** — distributed under the trust terms Update those beneficiary designations regularly — they trump anything you write in a will or anything the intestacy statute says. ## Why intestacy usually delivers the wrong outcome - It splits assets in a way most families don't actually want - It doesn't recognize step-kids, godchildren, unmarried partners, or close friends - It can force a sale of the family home if heirs can't agree - It triggers court-supervised probate (slower, more expensive) - It often dumps a lump sum on minor children — administered by a guardian YOU did not choose ## What you should do If you don't have a will, get one. A simple will from a South Dakota estate-planning attorney typically costs less than a single car payment, and it lets YOU decide who gets your stuff, who raises your minor kids, and who manages the estate. If you already have a will, review it after every major life change — marriage, divorce, kids, a death in the family, a move to a new state. --- *This guide is general information about South Dakota law as of early 2026 and is not legal advice. Intestacy formulas have many edge cases (predeceased heirs, half-siblings, adopted children, paternity questions, slayer rules, omitted-spouse statutes) that can change the analysis. Talk to a licensed South Dakota estate-planning attorney.*