29A-2-201. Definitions.
In this Part:
(1)As used in sections other than §29A-2-205, "decedent's nonprobate transfers to others" means the amounts that are included in the augmented estate under §29A-2-205.
(2)"Fractional interest in property held in joint tenancy with the right of survivorship" means the fraction, the numerator of which is one and the denominator of which, if the decedent was a joint tenant, is one plus the number of joint tenants who survive the decedent and which, if the decedent was not a joint tenant, is the number of joint tenants.
(3)"Marriage," as it relates to a transfer by the decedent during marriage, means any marriage of the decedent to the decedent's surviving spouse.
(4)"Nonadverse party" means a person who does not have a substantial beneficial interest in the trust or other property arrangement that would be adversely affected by the exercise or nonexercise of the power that the person possesses respecting the trust or other property arrangement. A person having a general power of appointment over property is deemed to have a beneficial interest in the property.
(5)"Power" or "power of appointment" includes a power to designate the beneficiary of a beneficiary designation.
(6)"Probate estate" means homestead allowance, family allowances, exempt property and property that would pass by intestate succession if the decedent died without a valid will.
(7)"Property" includes values subject to a beneficiary designation.
(8)"Right to income" includes a right to payments under a commercial or private annuity, an annuity trust, a unitrust, a pension, profit-sharing or other retirement plan or account, or a similar arrangement.
(9)"Transfer," as it relates to a transfer by or of the decedent, includes (A) an exercise or release of a presently exercisable general power of appointment held by the decedent, (B) a lapse at death of a presently exercisable general power of appointment held by the decedent, and (C) an exercise, release, or lapse of a general power of appointment that the decedent created in the decedent's own favor and of a power described in §29A-2-205(2)(ii) that the decedent conferred on a nonadverse party.
Source: SL 1995, ch 167, §2-201.
Structure South Dakota Codified Laws
Title 29A - Uniform Probate Code
Chapter 02 - Intestate Succession And Wills
Section 29A-2-101 - Intestate estate.
Section 29A-2-102 - Share of the spouse.
Section 29A-2-103 - Shares of heirs other than surviving spouse.
Section 29A-2-104 - Requirement that heir survive decedent for 120 hours.
Section 29A-2-106 - Representation.
Section 29A-2-107 - Kindred of half blood.
Section 29A-2-108 - Afterborn heirs.
Section 29A-2-109 - Advancements.
Section 29A-2-110 - Debts to decedent.
Section 29A-2-112 - Dower and curtesy abolished.
Section 29A-2-113 - Individual related to decedent through two lines.
Section 29A-2-114 - Parent and child relationships.
Section 29A-2-201 - Definitions.
Section 29A-2-202 - Elective share.
Section 29A-2-203 - Computation of augmented estate.
Section 29A-2-204 - Decedent's net probate estate.
Section 29A-2-205 - Decedent's nonprobate transfers to others.
Section 29A-2-206 - Decedent's nonprobate transfers to surviving spouse.
Section 29A-2-207 - Surviving spouse's property and nonprobate transfers to others.
Section 29A-2-208 - Exclusions, valuation, and overlapping application.
Section 29A-2-209 - Sources from which elective shares payable.
Section 29A-2-210 - Personal liability of recipients.
Section 29A-2-211 - Proceeding for elective share--Time limit.
Section 29A-2-212 - Right of election personal to surviving spouse.
Section 29A-2-213 - Waiver of right to elect and of other rights.
Section 29A-2-214 - Protection of payors and other third parties.
Section 29A-2-301 - Entitlement of spouse--Premarital will.
Section 29A-2-401 - Applicable law.
Section 29A-2-402 - Homestead allowance.
Section 29A-2-403 - Family allowance.
Section 29A-2-501 - Who may make a will.
Section 29A-2-502 - Holographic will--Validity of non-holographic will--Establishing intent.
Section 29A-2-503 - Writings intended as wills, etc.
Section 29A-2-504 - Self-proved will.
Section 29A-2-505 - Who may witness.
Section 29A-2-506 - Choice of law as to execution.
Section 29A-2-507 - Revocation by writing or by act.
Section 29A-2-508 - Revocation by change of circumstances.
Section 29A-2-509 - Revival of revoked will.
Section 29A-2-510 - Incorporation by reference.
Section 29A-2-511 - Testamentary additions to trusts.
Section 29A-2-512 - Events of independent significance.
Section 29A-2-514 - Contracts concerning succession.
Section 29A-2-515 - Deposit of will with court in testator's lifetime.
Section 29A-2-516 - Duty of custodian of will--Liability.
Section 29A-2-517 - Penalty clause for contest.
Section 29A-2-602 - Will may pass all property and after-acquired property.
Section 29A-2-603 - Anti-lapse--Deceased devisee--Class gifts.
Section 29A-2-604 - Failure of testamentary provision.
Section 29A-2-605 - Increase in securities--Accessions.
Section 29A-2-607 - Nonexoneration.
Section 29A-2-608 - Exercise of power of appointment.
Section 29A-2-609 - Ademption by satisfaction.
Section 29A-2-702 - Requirement of survival by 120 hours.
Section 29A-2-703 - Choice of law as to meaning and effect of governing instrument.
Section 29A-2-704 - Power of appointment--Meaning of specific reference requirement.
Section 29A-2-705 - Class gifts construed to accord with intestate succession.
Section 29A-2-707 - Survivorship with respect to future interests under terms of trust.
Section 29A-2-709 - Distribution by representation or per stirpes.
Section 29A-2-710 - Worthier-title doctrine abolished.
Section 29A-2-711 - Interest in "heirs" and like.
Section 29A-2-801 - Disclaimer of property interest.
Section 29A-2-802 - Effect of divorce, annulment, and decree of separation.