How to Make a Will in South Dakota (2026 Guide)

A will made in South Dakota must be signed by you and by 2 witnesses to be valid. Yes (S.D. Codified Laws § 29A-2-504). It lets the court accept the will without tracking down the witnesses later. Below is everything the signing cover sheet in your free South Dakota will covers, generated from the same rules.

Make my free South Dakota will

South Dakota will requirements at a glance

Witnesses required	2
Self-proving affidavit	Yes
Notary required for the will	No
Notary for the affidavit	Yes
Holographic wills recognized	Yes
Electronic wills recognized	No
Remote witnessing allowed	No
Community property state	No
Personal property memorandum	Yes
No-contest clause	Limited
Will execution statute	S.D. Codified Laws § 29A-2-502
Financial POA statute	S.D. Codified Laws ch. 59-12 (South Dakota Uniform Power of Attorney Act, 2020)
Healthcare directive statute	S.D. Codified Laws §§ 59-7-2.1 to 59-7-2.8 (durable power of attorney for health care) and ch. 34-12D (living wills; optional form at § 34-12D-3)

Witnesses

Two witnesses. The will must be in writing, signed by the testator (or by another in the testator's conscious presence and at the testator's direction), and signed by at least two individuals, each of whom signed within a reasonable time after witnessing either the signing or the testator's acknowledgment of the signature or of the will (S.D. Codified Laws § 29A-2-502(a)). Any person generally competent to be a witness may act, and a will is not invalid because it is signed by an interested witness (S.D. Codified Laws § 29A-2-505); use adults who take nothing under the will anyway. Witnesses need not sign in each other's presence; signing together in one sitting is the safest practice.

Do you need a notary in South Dakota?

Not for the will itself. A notary is needed only to make the will self-proving through the affidavit, which is strongly recommended.

Self-proving affidavit

Yes (S.D. Codified Laws § 29A-2-504). It lets the court accept the will without tracking down the witnesses later. What a self-proving affidavit does.

How to sign your will in South Dakota

1. Read the signing cover sheet. It is generated with your will and lists every requirement below in checklist form.
2. Gather your witnesses. You need 2 adult witnesses who are not beneficiaries. Two witnesses. The will must be in writing, signed by the testator (or by another in the testator's conscious presence and at the testator's direction), and signed by at least two individuals, each of whom signed within a reasonable time after witnessing either the signing or the testator's acknowledgment of the signature or of the will (S.D. Codified Laws § 29A-2-502(a)). Any person generally competent to be a witness may act, and a will is not invalid because it is signed by an interested witness (S.D. Codified Laws § 29A-2-505); use adults who take nothing under the will anyway. Witnesses need not sign in each other's presence; signing together in one sitting is the safest practice.
3. Sign in front of your witnesses. Declare that the document is your will, sign at the end, and have the witnesses sign while you are all together.
4. Complete the self-proving affidavit before a notary. Optional but strongly recommended (S.D. Codified Laws § 29A-2-504). Many people sign the will and the affidavit at the notary's office in one sitting.
5. Store the original safely. South Dakota allows a testator (or the testator's agent) to deposit a will with the clerk of courts for safekeeping during the testator's lifetime; it is kept confidential and released only to the testator or, after death, to the named personal representative (S.D. Codified Laws § 29A-2-515). If you do not deposit it: Keep the original in a safe, fireproof place your executor can access without a court order; a safe-deposit box may be sealed at death. Tell your executor where it is and give them a copy.
6. Tell your executor. Your executor needs to know the will exists and where it is. Give them the Executor Information Sheet.

Your spouse's rights

A surviving spouse cannot be completely disinherited. The spouse may elect to take a percentage of the augmented estate that rises with the length of the marriage, from 3% after one year to 50% after fifteen or more years (S.D. Codified Laws § 29A-2-202), plus the homestead allowance, exempt property and family allowance (S.D. Codified Laws §§ 29A-2-402 to 29A-2-404).

Homestead

No special restriction on devising a homestead by will. The surviving spouse (and minor children) may continue to occupy the homestead, which is exempt from most creditors (S.D. Codified Laws §§ 43-31-1, 43-31-13), and receives a homestead allowance (S.D. Codified Laws § 29A-2-402).

If you die without a will in South Dakota

If you die without a will in South Dakota, your spouse takes everything if you leave no descendants, or if all of your descendants are also your spouse's. If you have any descendant who is not your spouse's, the spouse takes the first $100,000 plus half of the balance (S.D. Codified Laws §§ 29A-2-102, 29A-2-103). With no spouse, everything passes to descendants, then parents, then siblings and their descendants. More on intestacy.

Other estate-planning documents in South Dakota

• Durable financial power of attorney: S.D. Codified Laws ch. 59-12 (South Dakota Uniform Power of Attorney Act, 2020). The power of attorney must be signed by the principal (or by another adult in the principal's conscious presence at the principal's direction); a signature acknowledged before a notary public is presumed genuine and is required in practice (S.D. Codified Laws § 59-12-5). Witnesses are not required by statute; two adult witnesses are recommended. Record it with the register of deeds before using it for real estate.
• Advance healthcare directive: S.D. Codified Laws §§ 59-7-2.1 to 59-7-2.8 (durable power of attorney for health care) and ch. 34-12D (living wills; optional form at § 34-12D-3). A living will declaration must be signed by the declarant and either signed by two adult witnesses or acknowledged before a notary public (S.D. Codified Laws § 34-12D-2). A durable power of attorney for health care is executed as a durable power of attorney; sign it before a notary public and two adult witnesses who are not the agent, related to you, or your health care provider so it is honored anywhere (S.D. Codified Laws §§ 59-7-2.1, 59-12-5). The statutory declaration form is optional.
• HIPAA authorization: HIPAA authorization is governed by federal law (45 C.F.R. § 164.508); no state-specific execution formality. Sign and date it; no witnesses or notary are required, though notarization does no harm.
• Personal property memorandum: Recognized (S.D. Codified Laws § 29A-2-513).

South Dakota notes

• South Dakota is not a community property state, but married couples may opt in by creating a South Dakota special spousal property trust (S.D. Codified Laws ch. 55-17); only your half of such property passes under your will.
• South Dakota recognizes holographic wills whose signature and material portions are in the testator's handwriting (S.D. Codified Laws § 29A-2-502(b)); a typed, witnessed will is far easier to prove.

Frequently asked questions

How many witnesses does a will need in South Dakota?

South Dakota requires 2 witnesses (S.D. Codified Laws § 29A-2-502). Two witnesses. The will must be in writing, signed by the testator (or by another in the testator's conscious presence and at the testator's direction), and signed by at least two individuals, each of whom signed within a reasonable time after witnessing either the signing or the testator's acknowledgment of the signature or of the will (S.D. Codified Laws § 29A-2-502(a)). Any person generally competent to be a witness may act, and a will is not invalid because it is signed by an interested witness (S.D. Codified Laws § 29A-2-505); use adults who take nothing under the will anyway. Witnesses need not sign in each other's presence; signing together in one sitting is the safest practice.

Does a will need to be notarized in South Dakota?

Not for the will itself. A notary is needed only to make the will self-proving through the affidavit, which is strongly recommended.

Does South Dakota have a self-proving affidavit?

Yes (S.D. Codified Laws § 29A-2-504). It lets the court accept the will without tracking down the witnesses later.

Are handwritten (holographic) wills valid in South Dakota?

Yes, South Dakota recognizes holographic wills under certain conditions, but a typed, witnessed will is far safer and is what this service produces.

Can I disinherit my spouse in South Dakota?

A surviving spouse cannot be completely disinherited. The spouse may elect to take a percentage of the augmented estate that rises with the length of the marriage, from 3% after one year to 50% after fifteen or more years (S.D. Codified Laws § 29A-2-202), plus the homestead allowance, exempt property and family allowance (S.D. Codified Laws §§ 29A-2-402 to 29A-2-404).

What happens if I die without a will in South Dakota?

If you die without a will in South Dakota, your spouse takes everything if you leave no descendants, or if all of your descendants are also your spouse's. If you have any descendant who is not your spouse's, the spouse takes the first $100,000 plus half of the balance (S.D. Codified Laws §§ 29A-2-102, 29A-2-103). With no spouse, everything passes to descendants, then parents, then siblings and their descendants.

Is a no-contest clause enforceable in South Dakota?

A provision penalizing an interested person for contesting the will is unenforceable if probable cause exists for instituting the proceeding (S.D. Codified Laws §§ 29A-2-517, 29A-3-905).

Statutes cited are for reference and may have been amended. This page is general information, not legal advice.