Requirement that heir survive decedent for 120 hours
South DakotaStatutes
Ask Donna
How this section applies to your facts.
SD Code › Title 29A › Chapter 2 › Section 29A-2-104
This text was captured on Aug 14, 2026. It is a snapshot, not a live feed, so check the official code before relying on it.
Text
An individual who fails to survive the decedent by 120 hours is deemed to have predeceased the decedent for purposes of homestead allowance, exempt property, and intestate succession, and the decedent's heirs are determined accordingly. This section is not to be applied if its application would result in a taking of intestate estate by the state under § 29A-2-105 .
Source: SL 1995, ch 167, § 2-104.
This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.