How to Make a Valid Will in South Dakota
South Dakota has specific rules about who can make a will, how it must be signed, how many witnesses are needed, and whether notarization is required. Here's everything you need to know about creating a valid last will and testament in SD.
South Dakota Will Requirements at a Glance
Who Can Make a Will in South Dakota?
You must be at least 18 years old to make a will in South Dakota. No statutory exceptions for minors. The testator must be of sound mind (SDCL § 29A-2-501)
Signing Requirements
Must be in writing. Can be typed, printed, or handwritten. If you are physically unable to sign, 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. 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)
Notarization in South Dakota
Notarization is not required for a will to be valid in South Dakota. Not required for validity; used for self-proving affidavit
Self-Proving Affidavit
South Dakota allows a self-proving affidavit, which simplifies probate by eliminating the need for witnesses to testify in court. Testator and witnesses sign a sworn affidavit before a notary public (SDCL § 29A-2-504)
Handwritten (Holographic) Wills
South Dakota does recognize holographic wills. Valid whether or not witnessed if the signature and material portions are in the testator's handwriting (SDCL § 29A-2-502(2))
Electronic Wills
South Dakota does not currently recognize electronic wills. South Dakota does not currently have an electronic wills statute
How to Revoke a Will in South Dakota
In South Dakota, a will can be revoked by:
- •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
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
Relevant South Dakota Statutes
- SDCL § 29A-2-501 (Who may make a will)
- SDCL § 29A-2-502 (Execution; holographic wills)
- SDCL § 29A-2-504 (Self-proved wills)
- SDCL § 29A-2-505 (Interested witnesses)
- SDCL § 29A-2-507 (Revocation)
- SDCL § 29A-2-202 (Elective share)
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