✓ Verified June 2026
This guide covers South Dakota estate planning in plain English — the exact age, witness, and notarization rules, whether a handwritten will is valid, and how to make your will self-proving. All figures are from South Dakota law, verified as of June 2026.
In This South Dakota Guide:
South Dakota Will Requirements at a Glance
Here are the exact rules for making a valid will in South Dakota:
| Minimum age to make a will | 18 |
| Witnesses required | 2 |
| Notarization required | NO — notarization is not required for a valid will in South Dakota. However, notarization is needed if you want to add a self-proving affidavit (SDCL 29A-2-504), which is optional but recommended to speed up probate by allowing the court to accept the will without requiring witnesses to testify in person. |
| Handwritten (holographic) will allowed | YES — South Dakota recognizes holographic (handwritten) wills under SDCL 29A-2-502(a). A holographic will is valid whether or not it is witnessed, as long as the testator’s signature and the material portions of the document are in the testator’s own handwriting. Intent that the document constitute a will can be established by extrinsic evidence, including portions not in the testator’s handwriting (SDCL 29A-2-502(c)). |
| Self-proving affidavit available | YES — under SDCL 29A-2-504, a will may be made self-proving by attaching a sworn affidavit signed by the testator and both witnesses before a notary public. The affidavit declares the testator signed willingly, is 18 or older, of sound mind, and under no constraint or undue influence, and that the witnesses signed in the testator’s conscious presence. A self-proving will is accepted by the probate court without requiring the witnesses to appear and testify. |
| Statutory will form | NO — South Dakota does not offer an official statutory fill-in-the-blank will form. You may draft your own will or work with a licensed attorney, as long as the will meets the execution requirements under SDCL 29A-2-502. The South Dakota Unified Judicial System provides self-help resources and a legal form help line at 1-855-784-0004. |
What a South Dakota Will Does (and Doesn’t Do)
A South Dakota will allows you to name a personal representative (executor) to manage your estate, name a guardian for minor children, direct how your probate assets are distributed among beneficiaries, make specific bequests of property, and establish testamentary trusts. Under SDCL 29A-2-502, the will must be in writing and properly executed.
What a South Dakota will does NOT control: A South Dakota will does not control assets that pass outside of probate — including life insurance proceeds with a named beneficiary, retirement accounts (401(k), IRA) with a named beneficiary, payable-on-death (POD) bank accounts, transfer-on-death (TOD) investment accounts, property held in joint tenancy with right of survivorship, and assets held in a living trust.
These pass directly to the named beneficiary or surviving joint tenant regardless of what the will says.
Oral wills in South Dakota: NO — South Dakota does not recognize oral (nuncupative) wills. All wills must be in writing, either formally attested with two witnesses or holographic.
How to Update or Revoke a South Dakota Will
A South Dakota will may be amended by executing a codicil — a written amendment that changes specific provisions while leaving the rest of the original will in effect. A codicil must meet the same execution requirements as a will (writing, signature, two witnesses — or holographic).
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A will may be revoked entirely under SDCL 29A-2-507 by executing a subsequent will that expressly revokes the prior will or is inconsistent with it, or by a physical act such as burning, tearing, canceling, obliterating, or destroying the will, performed by the testator or by another person in the testator’s conscious presence and at the testator’s direction.
Other South Dakota will-making rules: South Dakota follows the Uniform Probate Code (Title 29A, SDCL). The state uses a “conscious presence” test for witnesses rather than requiring witnesses to be within the testator’s line of sight — a witness satisfies the requirement if the testator is aware of the witness’s presence through sight, hearing, or general awareness.
South Dakota also allows another individual to sign the will on behalf of the testator, provided it is done in the testator’s conscious presence and at the testator’s direction (SDCL 29A-2-502(b)). Probate proceedings must generally be commenced within 3 years of the decedent’s death (SDCL 29A-3-108).
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Understanding South Dakota Estate Planning
Getting started with South Dakota estate planning is the single best gift you can give your family. A valid South Dakota will lets you decide who inherits, name an executor, and name a guardian for your children — instead of leaving it to a default state formula.
When people look into South Dakota estate planning, the real answer comes down to the state’s execution rules: your age, the number of witnesses, and whether you make it self-proving. If any part of South Dakota estate planning is unclear, your state court’s self-help center can point you to the official forms and resources.
Official South Dakota Sources & Resources
- South Dakota Court Self-Help: https://ujs.sd.gov/self-help/
- South Dakota Wills Statute: https://sdlegislature.gov/Statutes/29A-2
- Internal Revenue Service — Estate Tax: irs.gov
- Cornell Legal Information Institute: law.cornell.edu/wex
This South Dakota will guide was last verified against official sources in June 2026. Laws change — verify with your state court or a licensed attorney.
More South Dakota Wills & Probate Guides
- South Dakota Probate Process
- Dying Without a Will in South Dakota
- South Dakota Estate & Inheritance Tax
- South Dakota Small Estate Affidavit
- South Dakota Living Trust
- Probate Cost Calculator
- All 51 States
Disclaimer: This guide is informational only and is not legal or tax advice. Estate, probate, and tax laws change and vary by state and county. Verify current rules and dollar figures with your state’s court, statute, or a licensed attorney or tax professional before acting. For urgent matters like an active probate or a tax deadline, consult a licensed professional in your state right away.