South Dakota § 29A-3-101 - Devolution of estate at death; restrictions.

Full text of South Dakota South Dakota Codified Laws § 29A-3-101 — Devolution of estate at death; restrictions., with citation guidance and answers to common questions.

§ 29A-3-101. Devolution of estate at death; restrictions.

The power of a person to leave property by will, and the rights of creditors, devisees, and heirs to the person's property are subject to the restrictions and limitations contained in this code to facilitate the prompt settlement of estates. Upon the death of a person, that person's real and personal property devolves to the persons to whom it is devised by will or to those indicated as substitutes for them in cases involving lapse, renunciation, or other circumstances affecting the devolution of testate estate, or in the absence of testamentary disposition, to the heirs, or to those indicated as substitutes for them in cases involving renunciation or other circumstances affecting devolution of intestate estates, subject to homestead allowance, exempt property and family allowance, rights of creditors, elective share of the surviving spouse, and administration.

Source: SL 1994, ch 232, § 3-101.

Source: official South Dakota text · Last verified 2026-08-27

Frequently Asked Questions About South Dakota § 29A-3-101

What does South Dakota Codified Laws § 29A-3-101 cover?

Section 29A-3-101 ("Devolution of estate at death; restrictions.") 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-3-101?

A common citation format is "South Dakota Codified Laws § 29A-3-101" (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-3-101 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.