Last Will and Testament in South Dakota
A simple will form for straightforward estates. A will is valid only if it is signed and witnessed exactly as your state requires (below); one that is not executed correctly may be ignored by the court. Larger estates, blended families, trusts for minor children or business interests are worth a lawyer's review.
What South Dakota law says
| 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 |
|---|---|
| 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 |
| 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) |
Fill it in
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LAST WILL AND TESTAMENT OF [your full name]
I, [your full name], of [city, county and state], being of sound mind, make this my will and revoke all earlier wills and codicils.
1. Executor. I name [executor name] as personal representative (executor). If they cannot serve, I name [alternate executor name].
2. Specific gifts. I give [item or amount] to [beneficiary name].
3. Everything else. I give the rest of my property to [beneficiaries and shares]. If a beneficiary does not survive me by 30 days, their share goes to [alternate beneficiary].
4. Guardian. If I have minor children, I name [guardian name] as guardian, and [alternate guardian name] as alternate.
Signed on [date signed] at [city and state]. Signature: ____________________
Witnesses: we signed below in the presence of the person making this will and of each other, as required by state law. Witness 1: [witness 1 name and address] ____________ Witness 2: [witness 2 name and address] ____________
[Notary or self-proving affidavit, if your state provides one]
Last Will and Testament for other states · South Dakota tenant rights
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.