South Dakota Last Will and Testament

Create Document

South Dakota Last Will and Testament

Downloads: 433
Last updated May 30th, 2026

A South Dakota last will and testament is a document stating what happens to an individual’s estate when they die. It provides clarity to the decedent’s family by specifying the estate beneficiaries and relaying what they’re entitled to. A will typically designates a personal representative responsible for managing the estate and ensuring the testator’s wishes are carried out.

Document Preview

A South Dakota last will and testament is a document stating what happens to an individual’s estate when they die. It provides clarity to the decedent’s family by specifying the estate beneficiaries and relaying what they’re entitled to. A will typically designates a personal representative responsible for managing the estate and ensuring the testator’s wishes are carried out.

Fill & Customize
Basic Download
Fill & Customize
Basic Download
Fill & Customize
Basic Download
  1. Home »
  2. Last Will and Testament »
  3. South Dakota

State Laws

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

Probate in South Dakota

Informal Probate in South Dakota

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

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

After filing, the clerk will issue a statement of informal probate (bond may be required if determined by court).[5] The personal representative must send notice of their appointment to each beneficiary and the Department of Social Services.[6] Beneficiaries must receive a copy of the will, and creditors must be provided with a notice to present claims.[7]

The personal representative must prepare an inventory, settle estate obligations, and distribute assets.[8] They 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]