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South Dakota Last Will and Testament

A South Dakota last will and testament is a legal document created by an individual to outline instructions on how their estate shall be distributed upon their death. In addition to the testator, at least two witnesses must also sign the will.
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Updated March 09, 2025

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Who can make a will?

An individual of sound mind who is at least 18 years old.[1]

Signing Requirements

Must be signed in the conscious presence of the testator by two or more individual witnesses.[2]

Any individual who is generally competent, including an interested party to the will, may act as a witness.[3]

State Definition

“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.[4]

Sample

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Sources

  1. § 29A-2-501
  2. § 29A-2-502(b)(3)
  3. § 29A-2-505
  4. § 29A-1-201(52)