South Dakota Last Will and Testament

What Is a Last Will and Testament?

South Dakota defines a will as “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.” (§ 29A-1-201(52))

Requirements

To execute a valid will, individuals must:

• The testator must be at least 18 years old and of sound mind. (§ 29A-2-501)
• The will must be in writing. (§ 29A-2-502)
• Sign in the presence of two (2) witnesses. (§ 29A-2-502)

Filing

South Dakota does not require individuals to file their wills during their lifetime. After the testator’s death, the original will must be submitted to the probate court in the county where the decedent resided.

Sources

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

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