How to Write a Will in South Dakota (2026 Guide)

This is general legal information for South Dakota, not legal advice. Will laws change, and specific situations can have exceptions. For any complex case, consult a licensed attorney in South Dakota.

Why Having a Will Matters

A will is the simplest, clearest way to say what happens to your property, your minor children, and your affairs after you die. Without one, you die "intestate" and South Dakota’s default inheritance rules (called intestate succession) take over. Those rules are rigid and generic — they do not know your relationships, your intentions, or the people you care about most. They follow a fixed formula.

The cost of skipping a will is not hypothetical. It plays out the same way in South Dakota as everywhere else: unmarried partners locked out, stepchildren with nothing, pets in shelters, court-appointed administrators, family disputes over items and money, and a probate process that is slower, messier, and more expensive than it needed to be. Whatever you own — even if you think it’s "not much" — someone will have to deal with it after you’re gone. A will decides whether that someone is you or a judge.

A simple South Dakota will takes about ten minutes to draft using a free tool and costs nothing. You can start drafting yours now. The rest of this guide walks you through what makes a will legally valid in South Dakota and how to avoid the technical mistakes that most commonly cause wills to be thrown out.

South Dakota Will Requirements at a Glance

• Minimum age: 18 years old (No statutory exceptions for minors)
• Written form: Must be in writing. Can be typed, printed, or handwritten
• Witnesses required: 2
• Notarization: Not required for a standard signed will
• Self-proving affidavit: Yes — recommended, it speeds up probate later
• Holographic (handwritten) wills: Yes
• Electronic wills: No

Testamentary Capacity

The testator must be of sound mind (SDCL § 29A-2-501)

Signature Requirements in South Dakota

You must personally sign the will. South Dakota does allow proxy signing in specific cases: Another individual may sign in the testator's conscious presence and by the testator's direction (SDCL § 29A-2-502)

Witness Requirements in South Dakota

South Dakota requires 2 witnesses. Must be competent individuals

Presence rules: Each witness must sign within a reasonable time after witnessing the signing or the testator's acknowledgment

Interested witnesses: An interested witness does not invalidate the will (SDCL § 29A-2-505)

The safest approach in every state, including South Dakota, is to use witnesses who are adults, not beneficiaries under the will, and not the person you’ve named as executor. This avoids any question about whether a witness’s inheritance could be "purged" for being an interested party.

Notarization and Self-Proving Affidavits

South Dakota does not require a will to be notarized to be valid. A signed and witnessed will is enough. Not required for validity; used for self-proving affidavit

South Dakota does allow a self-proving affidavit, which is a short notarized document attached to the will where you and your witnesses swear under oath that everything was signed properly. It is optional, but it is strongly recommended — a self-proving affidavit means the probate court can admit the will without having to contact your witnesses later. Testator and witnesses sign a sworn affidavit before a notary public (SDCL § 29A-2-504)

Holographic, Electronic, and Oral Wills in South Dakota

Holographic (handwritten) wills: Recognized in South Dakota. Valid whether or not witnessed if the signature and material portions are in the testator's handwriting (SDCL § 29A-2-502(2))

Electronic wills: Not currently recognized in South Dakota. Stick with a printed, physically signed will.

Nuncupative (oral) wills: Not recognized in South Dakota.

How to Revoke or Update a South Dakota Will

If you already have a will and want to change it, South Dakota recognizes these revocation methods: Executing a subsequent will that revokes the prior will expressly or by inconsistency, Performing a revocatory act by the testator or by another in the testator's conscious presence and at their direction. SDCL § 29A-2-507

The cleanest approach is to draft a new will that starts with the sentence "I revoke all previous wills and codicils," then sign it with the proper witnesses. Destroy old copies when you do. Small updates can technically be done by codicil (a formal amendment), but a fresh will is usually easier to read and harder to contest.

Special Provisions in South Dakota

South Dakota is a separate property/common law state. Surviving spouse has an elective share under the augmented estate system (SDCL § 29A-2-202). South Dakota adopted the Uniform Probate Code. South Dakota has no state income tax, estate tax, or inheritance tax. South Dakota is known for its favorable trust laws

Step-by-Step: Writing a Valid South Dakota Will

1. Take inventory. Bank accounts, vehicles, property, valuables, digital assets, pets.
2. Decide who gets what. Be specific for items that matter (names, addresses, account identifiers). Use a residuary clause ("everything else goes to...") to catch anything you forget.
3. Name an executor. The person who handles your estate. Pick someone trustworthy, organized, and likely to outlive you. Name a backup too.
4. Name a guardian for minor children if you have kids under 18. This is the single most important reason for a will if you’re a parent.
5. Draft the document. Our free drafting tool generates a South Dakota-specific will in about 10 minutes, with all the correct clauses in the correct order.
6. Print the will. Don’t rely on a digital copy for signing.
7. Sign in front of 2 adult witnesses who are not named as beneficiaries. You all need to be in the same room at the same time. You sign first, they sign while watching.
8. Sign the self-proving affidavit in front of a notary. This is optional but speeds up probate later.
9. Store it somewhere findable. A fireproof home safe is the standard choice. Tell your executor where it is.
10. Review every few years and after major life events (marriage, divorce, new child, moving out of South Dakota, major asset changes).

Common South Dakota Will Mistakes to Avoid

• Wrong number of witnesses. South Dakota requires 2. More is fine; fewer invalidates the will.
• Using a beneficiary as a witness. Can cause the beneficiary’s share to be "purged" (forfeited).
• Not signing in the witnesses’ presence. The signing has to happen as a ceremony, with everyone in the same room.
• Forgetting a residuary clause. Without it, anything you didn’t specifically mention falls into intestate succession.
• Storing the will where nobody can find it. An unfindable will is the same as no will.
• Not updating after major life events. An ex-spouse named in an old will can still inherit in some situations.

Need to Check Details?

You can also read the full South Dakota will requirements and the South Dakota estate planning guide for background on intestate succession, probate, and related topics.

Start Your South Dakota Will Now

The easiest way to get a valid South Dakota will done today is our free drafting tool. It walks you through the questions, generates a South Dakota-specific document with the correct clauses, and gives you signing instructions tailored to South Dakota’s requirements. No account, no cost, nothing stored on our servers. You’ll have a draft ready in about ten minutes.

Whatever you decide, decide. A simple will is one of the most meaningful things you can leave the people you love — and it’s one of the easiest things to put off until it’s too late.