29A-2-403. Family allowance.
(a) In addition to the homestead allowance and exempt property, the decedent's surviving spouse and minor children whom the decedent was obligated to support and the children who were in fact being supported by the decedent shall be allowed a reasonable family allowance in money out of the estate for their maintenance during the period of administration.
(b) Without the necessity of court approval, the personal representative may determine the family allowance in a lump sum not exceeding $18,000 or in installments not exceeding $1,500 per month for one year.
(c) The family allowance shall be payable to the surviving spouse, if living, for the use of the surviving spouse and any minor or dependent children; otherwise to the children, their guardian, conservator, or persons having their care and custody. If a minor child or dependent child is not living with the surviving spouse, the allowance may be made partially to the child or the guardian, conservator, or person having the care and custody of that child, and partially to the spouse, as their needs may appear.
(d) The family allowance is exempt from and has priority over all claims except the homestead and exempt property allowances.
(e) The family allowance is not chargeable against any benefit or share passing to the surviving spouse or children by the will of the decedent, unless otherwise provided, by intestate succession, or by way of elective share. The death of any person entitled to the family allowance terminates the right of that person to allowances not yet paid.
(f) The personal representative or an interested person aggrieved by any determination, payment, proposed payment, or failure to act under this section may petition the court for appropriate relief, which may include a family allowance other than that which the personal representative determined or could have determined.
Source: SL 1995, ch 167, ยง2-403.
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.