State requirements
Making a will in South Dakota
South Dakota requires 2 adult witnesses, recognizes handwritten (holographic) wills, and offers a self-proving affidavit that speeds up probate. Every rule below is drawn from the statute.
Witnesses
2 adults
Notarization
Optional (affidavit)
Holographic wills
Recognized
Self-proving affidavit
Available
Overview
South Dakota adopted the Uniform Probate Code (UPC). South Dakota recognizes holographic wills. South Dakota is NOT a community property state but has elective share protections. South Dakota has no state income or estate tax.
Key Statutes
| Statute | Citation | Summary |
|---|---|---|
| Testamentary Capacity | SDCL § 29A-2-501 | 18+ and of sound mind |
| Execution Requirements | SDCL § 29A-2-502 | Written, signed, 2 witnesses |
| Holographic Wills | SDCL § 29A-2-502 | Material portions handwritten |
| Self-Proving | SDCL § 29A-2-504 | Available with affidavit |
| Elective Share | SDCL § 29A-2-202 | Based on marriage length |
Execution Requirements
SOUTH DAKOTA WILL REQUIREMENTS (UPC):
✓ In writing
✓ Signed by testator
✓ Signed by 2 or more witnesses within reasonable time
HOLOGRAPHIC WILLS:
✓ Material portions in testator's handwriting
✓ Signed by testator
✓ NO witnesses required
Elective Share
SOUTH DAKOTA ELECTIVE SHARE (UPC):
- Based on length of marriage
- Up to 50% of augmented estate for 15+ year marriages
- Includes probate and non-probate transfers
South Dakota Tax Advantages
SOUTH DAKOTA TAX BENEFITS:
- NO state income tax
- NO state estate tax
- NO state inheritance tax
- Popular for trust situs
Checklist for South Dakota Wills
- •[ ] Testator is 18+ and of sound mind
- •[ ] Will is written
- •[ ] Testator signed
- •[ ] 2 witnesses signed within reasonable time
- •[ ] Self-proving affidavit completed
- •[ ] OR: Holographic will with material portions handwritten
South Dakota will questions, answered
Can I make a will online in South Dakota?
Yes. South Dakota does not require a lawyer to draft a will. A will created online is valid in South Dakota when it is properly executed — in writing, signed by a testator aged 18+ of sound mind, and witnessed by 2 adult witnesses.
How many witnesses does a will need in South Dakota?
South Dakota requires 2 adult witnesses. Witnesses should not be beneficiaries — an interested witness can jeopardize their gift or invite a contest.
Does South Dakota require a will to be notarized?
No. Witnesses make a will valid in South Dakota, not a notary. A notary is used for the optional self-proving affidavit, which lets the probate court accept the will without contacting your witnesses.
Are handwritten (holographic) wills valid in South Dakota?
Yes, South Dakota recognizes holographic wills under specific conditions. They are riskier than witnessed wills — harder to probate and easier to contest — so a witnessed will remains the safer choice.
What makes a will legally valid in South Dakota?
A valid South Dakota will is in writing, made by a person aged 18+ of sound mind, signed by the testator, and attested by 2 adult witnesses. Note: South Dakota has no state income, estate, or inheritance tax.
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Start my will — $29This page is general information about South Dakota law, not legal advice. Statutes change — verify current requirements or consult a licensed South Dakota attorney for complex situations.