A South Dakota last will is a legal document that lets a testator direct how their property is distributed after death, in the form the law requires.
Use this South Dakota will template to download a free last will and testament form you can fill in and print. Below, you will find step-by-step guidance for preparing your will, its requirements, and answers to frequently asked questions.
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South Dakota law sets specific rules for a valid last will. A testator must be eighteen years of age or older, of sound mind, and free from undue influence.[1] The will must be in writing and signed by the testator, or signed in the testator’s name by another person in the testator’s conscious presence and at the testator’s direction.[2] The table below summarizes these requirements and links to the underlying statutes.
Last Updated: September 2026. This guide is reviewed and updated regularly to stay current. If you notice an error or outdated information, please contact us.
| Requirements | Citation | |
| Statutes | Chapter 29A-2 – Intestate Succession and Wills | |
| Definitions | Chapter 29A-1-201 – General definitions | |
| Signing requirement | Two witnesses | 29A-2-502. Holographic will–Validity of non-holographic will |
| Age of testator | 18 or older | 29A-2-501. Who may make a will |
| Age of witnesses | 18 or older | 29A-2-505. Who may witness |
| Self-proving wills | Allowed | 29A-2-504. Self-proved will |
| Handwritten wills | Recognized if meeting certain conditions | 29A-2-502. Holographic will–Validity of non-holographic will–Establishing intent |
| Oral wills | Must be in writing unless holographic | |
| Holographic wills | Recognized if meeting certain conditions | |
| Depositing a will | Possible with the county circuit court | 29A-2-515. Deposit of will with court in testator’s lifetime |
A self-proving affidavit is also allowed, a sworn statement signed by the testator and witnesses before a notary or other officer authorized to administer oaths, evidenced by the officer’s certificate under official seal.[1] In the affidavit, the testator swears the will is signed as a free and voluntary act.[1] The same statute provides one form that can be signed at the same time as the will, and a second form that can be signed later, after the will itself has already been signed.[3]
A self-proving affidavit is optional, but attaching one to your will means your witnesses will not need to testify in court to confirm the will is genuine, which speeds up probate.
1. Consider your alternatives. This South Dakota will template works whether you use an attorney or prepare the document yourself. If you prepare it yourself, you can also choose a handwritten (holographic) will, valid here without witnesses if the signature and the material parts are in your own handwriting,[2] or a free will template.
2. Specify your details. Establish the testator and their details: full name and residence (city, county, and state). Check the information you entered along with the rest of the section, which includes “Expenses and Taxes.”
3. Specify the executor. Choose the executor of your last will, the person responsible for carrying out its instructions. Enter their full name and residence information (city, county, and state).
Choosing an in-state executor avoids the extra paperwork many states require for an out-of-state executor. You can also name a substitute executor, without leaving a gap if your first choice cannot serve.
4. Establish the guardian (optional). If you have minor or dependent children and do not want the court to choose a guardian for your family, you can name someone you trust as guardian for your children.
5. Establish your beneficiaries. Name the individuals you want to receive your property, your beneficiaries, and note what property or share of your estate each one should get. For each beneficiary, list their full name, address, and how they are related to you. You can also name a backup beneficiary for each gift, in case your first choice does not survive you.
6. Allocate property. List your property and describe how each beneficiary receives it if you want to divide your estate in a specific way rather than equally. Property can include cash, shares, real estate, business ownership, and other items of monetary worth. Describe each item of property clearly enough that your executor and beneficiaries can identify it.
Some assets can’t be distributed in the will, such as jointly owned property and life insurance with a named beneficiary.
7. Ask witnesses to sign the document. Your will must be signed in the conscious presence of at least two witnesses, who must watch you sign it or hear you acknowledge your signature to them.[2] In practice, choose adult witnesses who take nothing under the will. In practice, an interested witness does not void the will, but it can make the will easier to challenge later.
Choosing a witness younger than you can help make sure they are available if your will is ever contested years later. After everyone reviews the document, you and your two witnesses sign it and print your full addresses, so the will is properly witnessed.[2]
Other South Dakota Forms
You do not need to notarize your will for it to be valid here.[1] However, you can make your will self-proving by signing an affidavit before a notary. Making your last will self-proving may be a good choice because it provides an extra layer of certainty in the event the will’s legitimacy is doubted.
No, none is required.[1] Attaching one is still a good idea. During probate, it replaces live witness testimony and speeds up the process.
South Dakota is not a community property state, so property acquired during the marriage does not automatically belong to both spouses equally. You cannot fully exclude your spouse from your will. In practice, a surviving spouse can usually claim a share of the estate regardless of what the will says.
You can lawfully disinherit anyone else, including your adult children, without a court assuming that beneficiary was left out by mistake, as long as you state the disinheritance clearly in the will.
Yes. In practice, you can change or revoke your will at any time unless you have signed an agreement not to.
It is a good idea to update your will after a major life event, such as:
In practice, a lost or destroyed will can sometimes still be accepted, but proving it is harder, so keep the original safe. In practice, courts want the original document rather than a copy.
A missing will is presumed revoked. This places the burden on whoever offers the will for probate to prove otherwise, without help from a copy of the will.
Proving a lost holographic will is harder. The court will require witness testimony and other evidence that the will was valid and was never revoked.
Another person may sign your last will for you, in your conscious presence and at your direction, if you cannot sign it yourself.[2] You can direct them by speaking, answering a question, or using a clear gesture.
Your witnesses still cannot have a financial interest in any property affected by the will.
| Related documents | Cases when you might want to have one |
| Codicil | Your last will needs one or a couple of minor modifications. |
| Self-proving affidavit | You wish the probate to be quicker when the time comes. |
| Living will | You would like to express your wishes concerning the end-of-life health care and life-prolonging measures. |
| Living trust | You would like to look at an alternative to a will. |
This page is general information about South Dakota last wills, not legal advice. For advice on your situation, talk to a local attorney.
Unless noted otherwise, the sources below are from the South Dakota Codified Laws, published by the South Dakota Legislature.
