Last Will And Testament requirements in South Dakota
- You must be at least 18 years old and of sound mind to make a will in South Dakota.
- The will must be in writing (typed or printed) – oral wills are not recognized except in limited military situations.
- You must sign your will in the presence of at least two witnesses, who must also sign it in your presence.
- While not required, having the will notarized (self-proving affidavit) can simplify the probate process later.
- You must clearly identify your assets and beneficiaries, and name an executor to manage your estate.
- The will must be made voluntarily, without undue influence or fraud.
How to create a Last Will And Testament in South Dakota
- Gather your important documents: list all assets (property, bank accounts, investments), and decide who should inherit them.
- Choose a trustworthy executor who will carry out your wishes. You can also name a backup executor.
- Decide on guardians for minor children (if applicable) and consider creating a living will for healthcare decisions.
- Draft your will – you can use a reputable will template or online service, but make sure it complies with South Dakota law.
- Sign your will in the presence of two witnesses who are not beneficiaries. Have them sign as well.
- Visit a notary public to sign a self-proving affidavit (if you wish) to make probate faster. Store the original in a safe place and tell your executor where it is.
What a Last Will And Testament typically costs
In South Dakota, the cost to create a will varies with your approach. Using an online service or will template can cost anywhere from $30 to $100. Hiring an attorney for a more complex estate typically ranges from $300 to $1,000 or more, which can be worth the reassurance for larger estates or unique situations.
Take the first step today – create your legally valid South Dakota last will and testament using our trusted will template and give yourself peace of mind.
Create your last will and testamentSouth Dakota Will Checklist: Before You Begin
Get organized before drafting your will to ensure it meets South Dakota's legal requirements and your wishes are clear.
- Confirm you are at least 18 and of sound mind; South Dakota requires both to make a valid will.
- Decide on your beneficiaries and exact property to bequeath, including real estate, bank accounts, and personal items.
- Choose an executor (personal representative) who is willing to serve; South Dakota law requires the executor to be at least 18.
- Plan for witnesses: South Dakota law requires two disinterested witnesses (not beneficiaries) to sign your will in your presence.
- Gather personal information for your will: full legal names, addresses, and relationships of family and beneficiaries.
- Consider whether a notary is needed—while not required for validity, a self-proving affidavit (signed and notarized) can simplify probate.
Frequently asked questions
Do I need a lawyer to write a will in South Dakota?
No, you can write your own will using a will template that meets South Dakota requirements. However, consulting an attorney is recommended if your estate is large, you have complex family dynamics, or you want to ensure all legal nuances are covered.
What is a self-proving will in South Dakota?
A self-proving will includes a notarized affidavit signed by you and your witnesses, stating that the will was signed voluntarily and with proper formalities. This speeds up probate because the court doesn't need to contact witnesses to verify the will's validity.
Can I name a guardian for my children in my will?
Yes, in your will you can name a guardian for your minor children. This is one of the most important reasons to have a will if you have children. Be sure to discuss this with the person you choose and name a backup guardian as well.
What's the difference between a will and a living will?
A last will and testament distributes your property after death, while a living will (or advance directive) outlines your healthcare preferences if you become incapacitated. Both are part of a comprehensive estate plan, and it's wise to have both prepared.