Updated June 01, 2022
A South Dakota self-proving affidavit is a legal form attached to a last will and testament in order to shorten the probate process when the testator’s (the individual who makes a will) estate is distributed among beneficiaries. To be considered legally valid, the affidavit must be signed by the Testator, two (2) witnesses, and a notary public. On the document, the signatories all make a sworn statement swearing that the Testator executed the Will of their own volition without any constraint or undue influence. This document is acceptable as sworn testimony and therefore the witnesses will not need to testify in probate court when the Testator dies and their estate is divided.
Laws
- Statute – § 29A-2-504
- Signing Requirements – Two (2) witnesses and a notary public.
How to Write
Step 1 – Download in Adobe PDF, MS Word (.docx) or OpenDocument.
Step 2 – In the first paragraph of the Self-Proving Affidavit, the Testator must enter their name and the date where indicated, providing their signature on the line below where it says “Testator’s Signature.”
Step 3 – In the second paragraph, the two (2) Witnesses will need to enter their names in the appropriate spaces. Below that paragraph, they must each provide their signature and print their name in the indicated fields.
Step 4 – At the bottom of the page, there is a “Notary Acknowledgment” section which must be completed by a registered Notary Public. The Notary will be required to provide their location, the name of the Testator, the names of both Witnesses, and the date. Next, the Notary must provide their signature on the line next to “Notary Signature,” print their name where indicated, and supply their notarial seal.
Step 5 – To make the Will self-proving, the completed Self-Proving Affidavit Form must be attached to the Will.