
South Dakota Exempt Property and Homestead
A South Dakota surviving spouse may keep living in the homestead and claim exempt property ahead of creditors under SDCL 29A-2-402.
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A South Dakota surviving spouse may keep living in the homestead and claim exempt property ahead of creditors under SDCL 29A-2-402.

South Dakota gives a spouse and supported children a family allowance. The $18,000 in SDCL 29A-2-403 limits the executor, not the court.

South Dakota has no estate, inheritance or income tax. Only the federal estate tax can reach an estate, above $15 million in 2026.

South Dakota guardianship needs clear and convincing proof, the person may demand a jury, and the $72 filing fee covers the whole case.

Who inherits in South Dakota without a will: the spouse takes all, or the first $100,000 plus half. Then children, parents, siblings and grandparents.

South Dakota law makes a trust for the care of a named animal valid under SDCL 55-1-21, enforced by a person you name. Here is how it works.

A South Dakota power of attorney must be notarized and must say it survives incapacity. A conservator's appointment can end it.

South Dakota probate accounting: the inventory is due six months after appointment or nine after death, whichever is later.

Since July 1, 2025, South Dakota requires no probate bond unless the court finds one serves the estate. How the amount and sureties work.

How South Dakota probate works: the circuit court, the 120-hour wait, the $122 fee, two small-estate affidavits and the 3-year limit.
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