How to Make a Valid Will in South Dakota
What South Dakota law requires for a valid will: age, signing, witnesses, handwritten wills and self-proving affidavits.
Short answer: An individual who is 18 or older and of sound mind may make a will. A will that is not a holographic will must be in writing, signed by the testator (or in the testator's name by another person in the testator's conscious presence and at the testator's direction), and signed by at least… SDCL 29A-2-501; SDCL 29A-2-502
| Requirements for a valid will | An individual who is 18 or older and of sound mind may make a will. A will that is not a holographic will must be in writing, signed by the testator (or in the testator's name by another person in the testator's conscious presence and at the testator's direction), and signed by at least two individuals who, in the testator's conscious presence, witnessed either the signing or the testator's acknowledgment of the signature. Intent that a document be a will may be shown by outside evidence. Source: SDCL 29A-2-501; SDCL 29A-2-502 |
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| Handwritten (holographic) wills | Yes. A will is valid as a holographic will, whether or not it is witnessed, if the signature and the material portions of the document are in the testator's handwriting. For a holographic will, intent may be shown by outside evidence, including portions of the document that are not handwritten. Source: SDCL 29A-2-502(a), (c) |
| Self-proving affidavit | Yes. A will may be made self-proved either when it is signed or at any later time, by the testator's acknowledgment and the witnesses' affidavits made before an officer authorized to administer oaths (such as a notary public), with the officer's certificate and seal. The statute sets out suggested forms for both the simultaneous and the later self-proving affidavit. Source: SDCL 29A-2-504 |
More South Dakota estate law
- Medical Power of Attorney in South Dakota
- Small Estate Affidavit in South Dakota
- Power of Attorney in South Dakota
- Quitclaim Deeds and Transferring Property in South Dakota
- Who Inherits If You Die Without a Will in South Dakota
- How Probate Works in South Dakota
- Living Wills and Advance Directives in South Dakota
- Revocable Living Trusts in South Dakota
- Executor Duties in South Dakota
- Letters Testamentary in South Dakota
- Affidavit of Heirship in South Dakota
- How to Avoid Probate in South Dakota
- Transferring a Car After Someone Dies in South Dakota
- All South Dakota wills, probate and estate rules
FAQ
What makes a will valid in South Dakota?
An individual who is 18 or older and of sound mind may make a will. A will that is not a holographic will must be in writing, signed by the testator (or in the testator's name by another person in the testator's conscious presence and at the testator's direction), and signed by at least two individuals who, in the testator's conscious presence, witnessed either the signing or the testator's acknowledgment of the signature. Intent that a document be a will may be shown by outside evidence.
Is a handwritten will valid in South Dakota?
Yes. A will is valid as a holographic will, whether or not it is witnessed, if the signature and the material portions of the document are in the testator's handwriting. For a holographic will, intent may be shown by outside evidence, including portions of the document that are not handwritten.
Does a will need to be notarized in South Dakota?
Yes. A will may be made self-proved either when it is signed or at any later time, by the testator's acknowledgment and the witnesses' affidavits made before an officer authorized to administer oaths (such as a notary public), with the officer's certificate and seal. The statute sets out suggested forms for both the simultaneous and the later self-proving affidavit.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.