Legal Forms HQ
Estate PlanningSouth Dakota

South Dakota Last Will and Testament

A last will and testament lets you name an executor, a guardian for minor children, and the people who inherit your estate. In South Dakota, a will generally must be signed by the testator and two witnesses; notarization is not required for the will to be valid (S.D. Codified Laws 29A-2-502). South Dakota also recognizes self-proving affidavits (S.D. Codified Laws 29A-2-504), which let the will enter probate without tracking down the witnesses.

This template walks you through your executor, your beneficiaries, and any specific gifts, then produces a South Dakota will ready to print and sign following the requirements below, in Word and PDF.

South Dakota will signing requirements

South Dakota last will and testament requirements at a glance
WitnessesTwo witnesses
NotarizationNot required for the will to be valid; a notary comes in only for the optional self-proving affidavit
Self-proving affidavitRecognized (S.D. Codified Laws 29A-2-504)
Holographic (handwritten) willsRecognized (S.D. Codified Laws 29A-2-502(b))
StatuteS.D. Codified Laws 29A-2-502

Verify before you rely on it

Wills statutes change, and probate courts apply them strictly. Confirm the current South Dakota requirement in the statute cited above (or with your state's self-help resources) before signing your will.

How this template works in South Dakota

Answer guided questions about your executor, guardians for minor children, and beneficiaries, and the will writes itself in front of you. Then print it and sign it with your witnesses following the South Dakota requirements above; a will has no effect until it is properly signed.

The form, the live preview, and the full guide live on the main Last Will and Testament page.

Last Will and Testament in other states