How do I make a will in South Dakota?

To make a valid will in South Dakota, you must be at least 18 years old and of sound mind. South Dakota requires 2 witnesses who must watch you sign and then sign the will themselves. Notarization is not required in South Dakota, though a self-proving affidavit makes probate faster. Once signed, store the original somewhere safe and tell your executor where to find it.

Are handwritten wills valid in South Dakota?

Yes. South Dakota recognizes holographic (handwritten) wills — but they're risky because they're easy to challenge in court.

Will Requirements in South Dakota

Everything you need to know about making a legally valid will in South Dakota.

Witnesses

South Dakota requires 2 adult witnesses who must watch you sign and then sign the will themselves.

Requires 2 witnesses who must watch you sign and then sign themselves. Witnesses should be competent adults.

Notarization

No. South Dakota does not require notarization, though a self-proving affidavit (notarized) can simplify probate.

Handwritten Wills

South Dakota recognizes holographic (handwritten) wills, but they are easy to challenge in court and are not recommended.

How to execute your will in South Dakota

Complete your will document (typed, not handwritten)
Sign the will in front of 2 adult witnesses
Have your 2 witnesses sign the will
Store the original in a safe place and tell your executor where to find it

Create your will online with Willy and receive South Dakota-specific signing instructions after you download your documents.