S.D. Codified Laws § 29A-2-212 (2026)
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.
Source: SL 1995, ch 167 , § 2-212.