South Dakota Codified Laws 29A-2-207. Surviving spouse’s property and nonprobate transfers to others
(a) Except to the extent included in the augmented estate under § 29A-2-204 or 29A-2-206, the value of the augmented estate includes the value of:
(1) Property that was owned by the decedent‘s surviving spouse at the decedent’s death, including:
Terms Used In South Dakota Codified Laws 29A-2-207
- Decedent: A deceased person.
- Joint tenancy: A form of property ownership in which two or more parties hold an undivided interest in the same property that was conveyed under the same instrument at the same time. A joint tenant can sell his (her) interest but not dispose of it by will. Upon the death of a joint tenant, his (her) undivided interest is distributed among the surviving joint tenants.
- Property: includes property, real and personal. See South Dakota Codified Laws 2-14-2
- Right of survivorship: The ownership rights that result in the acquisition of title to property by reason of having survived other co-owners.
(i) The surviving spouse’s fractional interest in property held in joint tenancy with the right of survivorship;
(ii) The surviving spouse’s ownership interest in property or accounts held in co–ownership registration with the right of survivorship; and
(iii) Property that passed to the surviving spouse by reason of the decedent’s death, but not including the spouse’s right to homestead allowance, family allowance, exempt property, or payments under the federal Social Security System; and
(2) Property that would have been included in the surviving spouse’s nonprobate transfers to others, other than the spouse’s fractional and ownership interests included under subsection (a)(1)(i) or (ii), had the spouse been the decedent.
(b) Property included under this section is valued at the decedent’s death, taking the fact that the decedent predeceased the spouse into account, but, for purposes of subsection (a)(1)(i) and (ii), the values of the spouse’s fractional and ownership interests are determined immediately before the decedent’s death if the decedent was then a joint tenant or a co–owner of the property or accounts. For purposes of subsection (a)(2), proceeds of insurance that would have been included in the spouse’s nonprobate transfers to others under § 29A-2-205(1)(iv) are not valued as if the surviving spouse were deceased.
(c) The value of property included under this section is reduced by enforceable claims against the surviving spouse.
Source: SL 1995, ch 167, § 2-207.