South Dakota Will & Testament Information


A South Dakota Last Will & Testament includes the following requirements:


The testator must be eighteen years old or older. 


They must also be of ‘sound mind’.

The Will must be signed by the testator or by someone else in their name (provided it is done under the testator’s direction and in their presence).

The signing of the Will requires at least two witnesses in order to make it valid. 

Another requirement to make the Will valid is that it must be in written format.

A South Dakota resident may bequeath their assets to any beneficiaries.


In the event that a person dies without having written a will, the surviving spouse with gain the entire estate unless the deceased has children from another person. In that case, the spouse will get $100,000 of the property and half of the balance. 


South Dakotan laws also permit handwritten (holographic) wills as long as the material possessions and signature are in the handwriting of the testator. 


A will can be changed in South Dakota by creating a codicil, which is done using much the same process as the will.


Click here if you have any questions about creating a last will in South Dakota.

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