How to Make a Will in South Dakota

If you're a resident of South Dakota and thinking about making a will, you should understand what a will is and how to create one. A will, also called a "last will and testament," can help you protect your family and your property.

You can use a will to:

• leave your property to people or organizations
• name a personal guardian to care for your minor children
• name a trusted person to manage property you leave to minor children, and
• name a personal representative, the person who makes sure that the terms of your will are carried out.

In South Dakota, your will can dispose of property you own at the time you make your will, as well as any property your estate acquires after your death. (S.D. Codified Laws § 29A-2-602 (2025).)

Below you'll find an overview of what a will can do for you, what South Dakota laws require for making a valid will, and what the process looks like.

Steps to Create a Will in South Dakota

Here's a quick checklist for making a will in South Dakota:

1. Decide what property to include in your will.
2. Decide who will inherit your property.
3. Choose a personal representative to handle your estate.
4. Choose a guardian for your children.
5. Choose someone to manage children's property.
6. Make your will.
7. Sign your will in front of witnesses.
8. Store your will safely.

What Happens If I Die Without a Will in South Dakota?

In South Dakota, if you die without a will, your property will be distributed according to state "intestacy" laws. South Dakota's intestacy law gives your property to your closest relatives, beginning with your spouse and children. If you have neither a spouse nor children, your grandchildren or parents will get your property. This list continues with increasingly distant relatives, including siblings, grandparents, aunts and uncles, cousins, nieces, and nephews. If the court exhausts this list to find that you have no living relatives by blood or marriage, the state will take your property. (S.D. Codified Laws §§ 29A-2-102; 29A-2-103, 29A-2-105 (2025).)

Can I Make My Own Will in South Dakota?

Yes. You can make your own will in South Dakota, using Nolo's Quicken WillMaker & Trust. However, you might want to consult a lawyer in some situations. For example, if you think that your will might be contested or you have especially complicated goals, you should talk with an attorney. See Do I Need an Attorney to Make My Estate Plan?

Legal Requirements for a Valid Will in South Dakota

To make a will in South Dakota, you must be:

• 18 years of age or older, and
• of sound mind.

(S.D. Codified Laws § 29A-2-501 (2025).)

You must make your will in writing on actual paper. It can't be on audio, video, or a digital file. (See "Can I Make a Digital or Electronic Will?" below.) (S.D. Codified Laws § 29A-2-502 (2025).)

How to Sign and Execute My South Dakota Will

To finalize your will in South Dakota, you must sign it, and:

• two people must witness you sign or acknowledge your will, and
• your witnesses must sign your will in front of you.

If you physically can't sign your will, another person can sign for you in your presence and at your direction. (S.D. Codified Laws § 29A-2-502 (2025).)

While South Dakota law allows "interested" parties who stand to inherit from your will to serve as witnesses, it's usually best to only have disinterested witnesses sign your will to avoid any accusations of impropriety. (S.D. Codified Laws § 29A-2-505 (2025).)

South Dakota does permit holographic wills (handwritten wills without witnesses), but they are usually not a good idea. A holographic will doesn't have to be witnessed, but all material portions in it and the signature must be in your own handwriting. (S.D. Codified Laws § 29A-2-502 (2025).)

Do I Need to Have My Will Notarized in South Dakota?

No, you don't need to notarize your will to make it legal in South Dakota. However, South Dakota allows you to make your will "self-proving," and you'll need to go to a notary if you want to do that. A self-proving will speeds up probate because the court can accept the will without contacting the witnesses who signed it.

To make your will self-proving, you and your witnesses will go to the notary and sign an affidavit that proves who you are and that each of you knew you were signing the will. (S.D. Codified Laws § 29A-2-504 (2025).)

Can I Make a Digital or Electronic Will?

In a few states, you can make a legal will digitally—that is, you can make the will, sign it, and have it witnessed without ever printing it out. Although such electronic wills (e-wills) are currently available in only a minority of states, South Dakota doesn't allow e-wills.

South Dakota will recognize an e-will that was made by a resident of another state as long as the will's execution follows that state's laws. (S.D. Codified Laws § 29A-2-506 (2025).)

Although South Dakota technically doesn't allow e-wills, it does allow witnesses and notaries to sign the will remotely. Witnesses must be in your "conscious presence" when you sign your will. Witnesses who observe you acknowledge or sign your will remotely over video communication technology are considered to be in your conscious presence. (S.D. Codified Laws §§ 18-1-11.2, 18-8-1, 18-8-2, 29A-2-502 (2025).)

Can I Choose and Appoint a Personal Representative in My Will?

Yes. In South Dakota, you can use your will to name a personal representative who will ensure that the provisions in your will are carried out after your death. Nolo's Quicken WillMaker & Trust produces a letter to your personal representative that generally explains what the job requires. If you don't name a personal representative, the probate court will appoint someone to take on the job of winding up your estate.

Can I Revoke or Change My Will in South Dakota?

In South Dakota, you may revoke or change your will at any time. You can revoke your will by:

• burning, tearing, canceling, obliterating, or destroying all or part of the will with the intent to revoke it
• ordering someone else to burn, tear, cancel, obliterate, or destroy all or part of the will in front of you with the intent to revoke it, or
• making a new will that says it revokes the old will or that has contradictory terms to the old will.

(S.D. Codified Laws § 29A-2-507 (2025).)

If you have two wills and it's not clear whether you revoked the old will or not, South Dakota has rules that determine whether your new will revokes the old one or simply adds to it. If you intended to revoke the old will, the old will is revoked. South Dakota law presumes you intended to revoke your old will if the new will disposes of your entire estate. If you didn't dispose of all of your estate in your new will, South Dakota law presumes you only meant to add on to your old will. In this situation, the personal representative should follow the instructions in both wills. If there's a contradictory term, the personal representative should follow the instructions of the new will for that particular term. (S.D. Codified Laws § 29A-2-507 (2025).)

If you and your spouse divorce (or if a court determines that your marriage isn't legal), South Dakota law revokes any language in your will that leaves property to your spouse or names your spouse to be your personal representative. This rule also applies to any of your spouse's relatives. This rule doesn't apply if you remarry your spouse or if you specifically state in your will (or divorce decree or contract relating to the division of your property states) that divorce won't affect the provisions in your will. (S.D. Codified Laws § 29A-2-804 (2025).)

If you have any concerns about the effects of divorce on your will, see an estate planning attorney for help. If you need to make changes to your will, it's best to revoke it and make a new one. However, if you have only very simple changes to make, you could add an amendment to your existing will—this is called a codicil. In either case, you will need to finalize your changes with the same formalities you used to make your original will (see above).

Next Steps

You can find South Dakota's laws about making wills here: South Dakota Codified Laws, Title 29A Uniform Probate Code, Chapter 2 Intestate Succession and Wills, Part 5 Wills, Will Contracts, and Custody and Deposit of Wills.

To make your own will—as well as other estate planning documents, such as powers of attorney, advance health care directives, and living trusts—try Nolo's Quicken WillMaker & Trust.

Frequently Asked Questions

If you're still looking for information, check out these answers to frequently asked questions on South Dakota wills.

Can a will help me avoid probate?

No. A will doesn't avoid probate. Instead, it acts as instructions to the probate court. If you want to avoid probate in South Dakota, consider other estate planning strategies like a living trust or joint tenancy.

What's the cost of making a will in South Dakota?

The cost for a lawyer to make a will depends on several factors, including the complexity of your finances, where you live in South Dakota, and whether you want an entire estate plan with multiple documents. A simple will without other estate planning documents likely will cost at least a few hundred dollars—and potentially more than $1,000. DIY resources, like Nolo's Quicken WillMaker & Trust, will cost significantly less than hiring an attorney.

Where should I store my will after it's signed?

There are several options for places to store your will, and each has pros and cons. Some options are the court (see below), your home, your lawyer's office, or a safe deposit box (but ensure the bank will let your personal representative or other trusted people access it after your death). Wherever you store it, make sure the right people know where it is, so the probate process can start as soon as possible without confusion or delay. For more information, read How to Safely Store Your Will.

Do I need to file my will with the court or government after making it?

No. Your will doesn't need to be filed with the court or government until after your death. However, South Dakota allows will makers to store their wills under seal with their local court for safekeeping. (S.D. Codified Laws § 29A-2-515 (2025).)

Can a will help me avoid estate taxes?

No. A will won't help you avoid estate taxes. The good news is that South Dakota doesn't have an estate tax, and very few people need to worry about federal estate taxes. Only people with estates worth several million dollars need to think about federal estate taxes, but a will won't help them avoid taxes. For more information on estate taxes, read Estate Tax: Will Your Estate Have to Pay?

Can someone challenge my will?

Yes, it's theoretically possible that someone could challenge your will. But very few wills are challenged in court because it's difficult to challenge a will.