A decedent (pronounced da-See-dunt) is a deceased person. This term is commonly used to refer to a deceased person in the law of wills, trusts, and estates.
In South Dakota, the term 'decedent' refers to an individual who has passed away. The legal matters concerning a decedent's wills, trusts, and estates are governed by the South Dakota Codified Laws (SDCL). When a decedent leaves a will, it outlines the distribution of their assets and is subject to probate proceedings, which is the legal process of administering the estate. If a decedent dies intestate, meaning without a will, South Dakota's intestacy laws come into play to determine how the estate will be distributed among the heirs. These laws are designed to reflect how a typical person might have intended to distribute their property. The estate administration is overseen by a personal representative (also known as an executor or administrator) who is responsible for managing the decedent's final affairs, including paying debts and distributing assets to beneficiaries.