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South Dakota · Through 2026-08-31 · Newer source version available

SDCL § 29A-2-604: Failure of testamentary provision.

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Where this section sits in the code
  1. TITLE 29A. UNIFORM PROBATE CODE
  2. CHAPTER 29A-2. INTESTATE SUCCESSION AND WILLS

(a) A devise, other than a residuary devise, that fails for any reason becomes a part of the residue.

(b) A residuary devise that fails for any reason passes to the testator's heirs unless the residue is devised to two or more persons, in which event the failed devise passes to the other residuary devisee, or to other residuary devisees in proportion to the interest of each in the remaining part of the residue.

Source: SL 1995, ch 167, § 2-604.

Collected 2026-09-03T15:18:57Z. Source file · JSON

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