South Dakota § 29A-2-709 - Distribution by representation or per stirpes.
Full text of South Dakota South Dakota Codified Laws § 29A-2-709 — Distribution by representation or per stirpes., with citation guidance and answers to common questions.
§ 29A-2-709. Distribution by representation or per stirpes.
(a) If a governing instrument calls for property to be distributed "by representation" or "per stirpes," the property is divided into as many equal shares as there are (i) children of the designated ancestor who survived the distribution date, if any, and (ii) children of the designated ancestor who failed to survive the distribution date but who left descendants who survived the distribution date. Each surviving child is allocated one share. The share of each child who failed to survive the distribution date but who left descendants who survived the distribution date is allocated in the same manner, with subdivision repeating at each succeeding generation until the share is fully allocated among surviving descendants.
(b) For purposes of this section, "distribution date" means the time when the interest is to take effect in possession or enjoyment.
Source: SL 1995, ch 167, § 2-709.
Source: official South Dakota text · Last verified 2026-08-27
Frequently Asked Questions About South Dakota § 29A-2-709
What does South Dakota Codified Laws § 29A-2-709 cover?
Section 29A-2-709 ("Distribution by representation or per stirpes.") is part of the South Dakota Codified Laws, the codified statutory law of South Dakota. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite South Dakota § 29A-2-709?
A common citation format is "South Dakota Codified Laws § 29A-2-709" (South Dakota). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of South Dakota law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the South Dakota official source linked on this page or consult a licensed South Dakota attorney.
How does South Dakota § 29A-2-709 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in South Dakota can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in South Dakota.