South Dakota South Dakota Will Laws

  South Dakota


Here you will find what is required by state when making a living will. You will also find whether or not this specific state accepts oral or written wills.

Some key terms to keep in mind:

Testator: One who makes or has made a will; one who dies leaving a will.
Holographic Will: A will and testament that has been entirely handwritten and signed by the testator.
Oral Will: An oral will (or "nuncupative" will) is a will that has been delivered orally (that is, in speech) to witnesses, as opposed to the usual form of wills, which is written and according to a proper format.

State Requirements and Will Type Recognition

Code Section

29A-2-501, et seq

Operative Facts

  1. Must be a competent adult
  2. document must be signed by declarant
  3. witnessed by 2 adults
  4. may be in presence of notary public (suggested form ยง34-12D.3)
  5. not operative for pregnant woman unless live birth unlikely to a reasonable degree of medical certainty

Age of Testator

18 years or older and of sound mind

Number of Witnesses Required

Signed in conscious presence of testator by two or more individuals who, in the conscious presence of testator, witnessed either the signing of the will or the testators acknowledgment of that signature.

Oral Will Recognition

Not recognized

Holographic Will Recognition

Valid if signature and material portions are in testators' handwriting; need not be witnessed.

** This Document Provided By Will Laws **