State requirements
Making a will in South Dakota
South Dakota lists 2 witnesses, recognizes handwritten (holographic) wills, and offers a self-proving affidavit that speeds up probate. These are educational source notes, not a certification of an individual document. Verify the current official rules before signing.
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This is an AI-generated draft for review. It is not legal advice.
Witnesses
2 witnesses
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?
You can prepare wishes online, but the method of drafting alone does not establish validity. Check South Dakota requirements, your circumstances and the currently supported drafting scope. Professional review is separate.
How many witnesses does a will need in South Dakota?
South Dakota requires 2 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?
Notarization and witnessing serve different purposes. Check the rules for your particular South Dakota document; neither action alone establishes validity. 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?
South Dakota sets out what happens at signing: the will is in writing, the person making it is 18 or older and of sound mind, they sign it, and 2 witnesses who are not beneficiaries sign it as well. A notary is not part of that list — notarization belongs to the optional self-proving affidavit. Capacity and freedom from pressure matter as much as the formalities, and statutes change, so read the current South Dakota source above and get local help for your circumstances. Note: South Dakota has no state income, estate, or inheritance tax.
Keep reading
All guides →Your South Dakota wishes, thoughtfully prepared.
Start with your location and supported circumstances. A public guide does not mean generation is currently open. Professional review and signing remain separate steps.
Check drafting availabilityThis 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.