South Dakota Last Will and Testament

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South Dakota Last Will and Testament

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Last updated May 15th, 2026

A South Dakota last will and testament is a document stating what happens to an individual’s estate when they pass. It provides the decedent’s family clarity by naming beneficiaries and specifying what property goes to them. A will typically designates a personal representative responsible for managing the estate as outlined in the document.

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A South Dakota last will and testament is a document stating what happens to an individual’s estate when they pass. It provides the decedent’s family clarity by naming beneficiaries and specifying what property goes to them. A will typically designates a personal representative responsible for managing the estate as outlined in the document.

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State Laws

  • Minimum Age – 18[1]
  • Signing Requirements – Testator and two witnesses.[2]
  • How to Revoke – Destroying the will or executing a new version.[3]

Probate in South Dakota

Application for Probate of Will

To administer the estate, the personal representative must first file the following with the clerk of courts for the county where the decedent resided[4]:

  • Application for Informal Probate
  • Application for Informal Appointment of Personal Representative
  • Last Will & Testament

After the personal representative posts bond (if required), the clerk will issue a statement of informal probate.[5] The personal representative must then mail a notice of their appointment to beneficiaries (along with a copy of the will) and Department of Social Services.[6] The personal representative must also prepare an inventory and send it to requesting parties.[7]

The personal representative must provide creditors with a notice to present claims, settle estate obligations, and distribute assets.[8] The personal representative must then create an accounting of the distribution (unless waived), mail it with a Closing Statement to beneficiaries and unpaid creditors, and file the Closing Statement with the court.[9]