Unless a contrary intent is indicated in the will, and except as otherwise provided in this code, shares abate in the following order: (1) property not disposed of by the will; (2) property devised to a residuary devisee; (3) property not specifically devised; and (4) all other property. Abatement within each class is in proportion to the amount of property each of the beneficiaries would have received if full distribution of the property had been made in accordance with the terms of the will.
S.D. Codified Laws § 29A-3-902
Abatement--Order and amount
Applied in 4 court decisions — leading case In Re the Estate of Olson (2008)
Most recently applied in In Re the Estate of Olson (January 2008)
Source: SL 1994, ch 232, § 3-902; SL 1995, ch 167, § 130.
Official source: South Dakota Legislature. Reproduced from public-domain South Dakota statutes; confirm against the official source for the current text. Not legal advice.