South Dakota Last Will and Testament Form

The South Dakota last will and testament is a legal document (standard will) that is provided that will allow anyone of age (testator) to complete a written outline as a record of their wishes with regard to their estate. The estate may include personal property, financial accounts, and real property. The document will allow an executor (representative) to distribute the testator’s estate after the testator’s death, to their beneficiaries. Beneficiaries and their information may also be entered within the contents of the document. The form must be completed while the Principal is of sound mind and may be revoked or changed at the discretion of the Principal.

Laws – 29A-2-501, et seq.

How to Write

Step 1 – Download the form – Submit the Testator’s name at the top of the page. Proceed by submitting:

  • A Testator’s name
  • Testator’s City and County of residence
  • Review “Expenses and Taxes”

Step 2 – Establishment of Representative – The Testator may establish a representative, by providing the following:

  • The Representative’s name
  • Address
  • County and State

If the first selected representative (executor) is unwilling or unable to serve, an alternate may be established. Provide the following:

  • The name of the alternate representative
  • Address
  • County and State of residence

Step 3 – Disposition of Property –Provide all required, beneficiary information:

  • Beneficiaries names
  • Addresses
  • Their relationships to Testator
  • Submit the last four (4) digits of the beneficiary’s Social Security Numbers
  • Read the next paragraphs
  • If additional instructions are necessary, the Testator may add a separate sheet and attach

Step 4 – Titled Sections and Subsections –

  • Omissions
  • Bond
  • Discretionary Powers of Personal Representative (subsections A through K)
  • Contesting Beneficiary
  • Guardian Ad Litem Not Required
  • Gender
  • Assignment
  • Governing Law

Step 5 – Binding Agreement – The Principal must agree to the first paragraph. Proceed by providing:

  • The Testator’s name
  • Date of the document in dd/mm/yyyy format
  • Testator’s signature
  • Printed name
  • Date of signature in dd/m/yy format
  • Testator’s name

Step 6 – Witness Signatures and Notary Public – Signatories must all be present before a notary

Witnesses –

  • Witnesses respective signatures
  • Addresses (Current)

Testamentary Affidavit –

  • The notary shall acknowledge this document
  • Testator will sign before the notary
  • Witnesses shall also enter signatures