The right of election may be exercised either by the surviving spouse or by the surviving spouse's conservator or agent under the authority of a power of attorney, or if the surviving spouse dies prior to the expiration of the time for making an election under § 29A-2-211, by the surviving spouse's personal representative.
S.D. Codified Laws § 29A-2-212
Right of election personal to surviving spouse
Applied in 1 court decision — leading case In Re Estate of Amundson (2001)
Most recently applied in In Re Estate of Amundson (February 2001)
Source: SL 1995, ch 167, § 2-212.
Official source: South Dakota Legislature. Reproduced from public-domain South Dakota statutes; confirm against the official source for the current text. Not legal advice.