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Updated September 09, 2022

A South Dakota last will and testament is a legal document used for estate-planning purposes and created by an individual who wishes to set instructions on how their estate shall be distributed upon death. This person, known as the “Testator,” can use a will to dictate the distribution of assets—such as real and personal property, fiduciary accounts, life insurance policies, cash-on-hand, along with many others—among friends, family, and charitable organizations. A testator may also appoint a chosen executor or personal representative who shall handle the estate in accordance with the will terms.

Under South Dakota law, wills must be witnessed and signed by two (2) credible witnesses in order to be legally executed. Wills may be revoked or changed by the testator at any time, as long as they are of sound mind to do so.

Table of Contents

Laws

Signing Requirements

Signed in the conscious presence of the testator by two (2) or more individual Witnesses. ( Section 29A-2-502 )

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Will ” means an instrument, including a codicil, executed with testamentary intent and in the manner prescribed by this code, including an instrument which (i) disposes of property on or after the testator’s death, (ii) appoints a personal representative, (iii) revokes or amends another will, (iv) nominates a guardian or conservator, or (v) expressly excludes or limits the right of an individual or class to succeed to property of the decedent passing by intestate succession.

Related Forms

 
Advance Directive

Download: Adobe PDF

 

 

 


Durable (Financial) Power of Attorney

Download: Adobe PDF