South Dakota Codified Laws 29A-2-206. Decedent’s nonprobate transfers to surviving spouse
Excluding property passing to the surviving spouse under the federal Social Security System, the value of the augmented estate includes the value of the decedent‘s nonprobate transfers to the decedent’s surviving spouse, which consist of all property that passed outside probate at the decedent’s death from the decedent to the surviving spouse by reason of the decedent’s death, including:
(1) The decedent’s fractional interest in property held as a joint tenant with the right of survivorship, to the extent that the decedent’s fractional interest passed to the surviving spouse as surviving joint tenant;
Terms Used In South Dakota Codified Laws 29A-2-206
- Decedent: A deceased person.
- Person: includes natural persons, partnerships, associations, cooperative corporations, limited liability companies, and corporations. See South Dakota Codified Laws 2-14-2
- Probate: Proving a will
- 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.
(2) The decedent’s ownership interest in property or accounts held in co–ownership registration with the right of survivorship, to the extent the decedent’s ownership interest passed to the surviving spouse as surviving co–owner; and
(3) All other property that would have been included in the augmented estate under § 29A-2-205(1) or (2) had it passed to or for the benefit of a person other than the decedent’s spouse, surviving spouse, the decedent, or the decedent’s creditors, estate, or estate creditors.
Source: SL 1995, ch 167, § 2-206.