To make a valid will in South Dakota, you must be at least 18 and of sound mind, sign the document (or direct someone else to sign it for you), and have two witnesses sign in your presence. South Dakota is one of the few states that also accepts a handwritten will without witnesses, as long as the signature and material provisions are entirely in your own handwriting.
Key Takeaways
- South Dakota recognizes both witnessed wills and holographic (handwritten, unwitnessed) wills.
- A self-proving affidavit signed before a notary lets your estate skip live witness testimony later.
- You must be 18 or older and of sound mind to make a will under state law.
- A will alone will not keep your estate out of probate; a trust or beneficiary designations do that job.
Who Can Make a Will in South Dakota?
Under SDCL 29A-2-501, any individual 18 years of age or older who is of sound mind may make a will. For how a will fits into your broader plan, see our South Dakota estate planning overview.
What Are the Execution Requirements?
SDCL 29A-2-502 requires that a non-holographic will be in writing, signed by the testator or by someone else in the testator's conscious presence and at the testator's direction, and signed by two or more individuals who each witnessed the signing or the testator's acknowledgment of the signature, in the testator's conscious presence.
Step 1: Decide What Goes in the Will
List your property, name beneficiaries, choose a personal representative, and name a guardian for any minor children.
Step 2: Choose Between a Typed Will and a Holographic Will
A typed, witnessed will is generally the safer choice, but South Dakota law also allows a holographic will under section 29A-2-502: if the signature and material portions of the document are entirely in your handwriting, it can be valid whether or not it is witnessed. Relying on a holographic will still invites questions about intent, so a typed and witnessed will is the more defensible route.
Step 3: Sign With Two Witnesses Present
If you are using a standard witnessed will, sign it, or acknowledge your signature, in the conscious presence of two witnesses, who then sign the will themselves in your conscious presence.
Step 4: Add a Self-Proving Affidavit
South Dakota allows a will to be made self-proved through the acknowledgment of the testator and affidavits of the witnesses before a notary, under the self-proving will provisions of SDCL Title 29A, Chapter 2. A self-proved will can be admitted to probate without requiring the witnesses to testify, which saves your family time and expense.
Step 5: Store the Will and Tell Your Personal Representative
Keep the signed original in a secure, fireproof location and make sure your personal representative or a trusted family member knows exactly where to find it.
How Do You Update or Revoke a South Dakota Will?
You can revoke a will by executing a new one, by a later will inconsistent with the first, or by physically destroying the document with intent to revoke. Marriage, divorce, or a new child are common triggers to review and update your plan, since these events can change your intestate heirs if you have no valid will in place.
DIY Will vs. Hiring a Lawyer
A straightforward South Dakota estate is generally well suited to a guided DIY will, provided you follow the witnessing rule (or handwriting rule, if you go the holographic route) precisely. Blended families, a family business, or real estate held in more than one state usually call for an attorney's involvement. For common drafting errors to avoid either way, see common will mistakes in South Dakota. FastWill's South Dakota will package is built around the state's exact execution rules so the witnessing step does not get missed.
How Does a Will Work With a Power of Attorney or Trust?
A will only takes effect after death; it does nothing while you are alive. Pair it with a power of attorney in South Dakota so someone can manage your affairs if you become incapacitated, and consider a living trust in South Dakota if you want assets to bypass probate. Our South Dakota estate planning checklist lays out how these pieces fit together.
What Happens If You Skip the Will?
Without a valid will, South Dakota's intestacy statute decides who inherits, which may not match your wishes at all. See what happens if you die without a will in South Dakota for the full scenario-by-scenario breakdown.
Common Mistakes to Avoid in a South Dakota Will
- Using only one witness. South Dakota requires two witnesses for a non-holographic will; a single witness signature makes the document vulnerable to challenge.
- Assuming a partly typed, partly handwritten document qualifies as holographic. To rely on the holographic exception, the signature and material portions must be entirely in your own handwriting.
- Naming a beneficiary as one of your two witnesses, which can raise questions during probate even though South Dakota law does not automatically void the gift.
- Forgetting to name a successor personal representative or backup guardian, which forces the probate court to appoint someone without your input.
- Never updating the will after a marriage, divorce, or the birth of a child, leaving outdated instructions that no longer match your family situation.
What Does Making a Will in South Dakota Cost?
Attorney-drafted wills in South Dakota commonly run several hundred dollars or more, depending on complexity and whether a trust is involved. A guided DIY builder is a lower-cost path for straightforward estates, provided you still follow the state's exact witnessing requirements when you print and sign the final document. Whichever route you choose, the signature and witnessing steps matter more than the price of the template, since an improperly executed will can be thrown out in probate regardless of how well it was written.
Tell Your Family Where the Will Is
A perfectly executed will does no good if no one can find it when you die. Tell your personal representative, or at least one trusted family member, exactly where the signed original is kept, and consider giving them a copy or a note with the location. South Dakota probate courts also allow you to file your will with the clerk of courts before death in some counties, which can add another layer of certainty that the document will be located when needed.
Frequently Asked Questions
Does South Dakota accept handwritten wills?
Yes. A will is valid as a holographic will, whether or not witnessed, if the signature and material portions are in the testator's own handwriting.
Do I need a lawyer to make a will in South Dakota?
No, South Dakota does not require an attorney, but the will still must meet the state's signature and witnessing (or handwriting) requirements to be valid.
Does a South Dakota will need to be notarized?
Notarization is not required for basic validity, but it is required if you add a self-proving affidavit, which is recommended to speed up probate.
Can a beneficiary witness my South Dakota will?
It is best practice to use disinterested witnesses, people who do not inherit under the will, to avoid any question about the fairness of the signing.
What happens if I move out of South Dakota after signing my will?
A validly executed South Dakota will generally remains valid if you move, but you should review it against your new state's laws and update your plan whenever your life circumstances change.
