Free South Dakota Last Will and Testament
Build a complete South Dakota will in minutes — free, no account. Fill in your details and download a ready-to-sign PDF with the protective clauses built in and South Dakota's correct signing requirements.
A free, ready-to-sign will — but not legal advice.
This builds a complete South Dakota will with the protective clauses most templates skip (survivorship period, residuary, minor's trust, executor powers). It becomes legally valid only when you sign it correctly (see the signing steps below). For a large or blended estate, have an attorney review it. RecordingLaw.com is not a law firm.
About you
Children
Name all your children, even any you are not leaving anything to — naming them prevents an 'omitted child' claim.
Who inherits everything else (your residuary estate)
The catch-all gift of everything not specifically given. Shares should total 100%.
Specific gifts (optional)
Particular items or sums to particular people.
Executor (the person who carries out your will)
Options
Naming them states the omission is intentional. Note: you generally cannot fully disinherit a spouse (see the warnings).
Before you sign — South Dakota notes
Choose 2 witnesses who are adults and who do NOT inherit under this Will. A beneficiary (or a beneficiary's spouse) should never witness your Will.
Add at least one residuary beneficiary with a share above 0%. Without a residuary gift, everything not specifically given would pass by intestacy (state default rules), defeating the point of the Will.
To make this Will valid in South Dakota: A valid (non-holographic) South Dakota will must be in writing, signed by the testator (or in the testator's name by another in the testator's conscious presence and at the testator's direction), and signed by at least two witnesses, each of whom signs within a reasonable time after witnessing the testator sign or acknowledge the will (SDCL 29A-2-502). South Dakota also recognizes holographic wills where the signature and material portions are in the testator's handwriting, with no witnesses required. Notarization is not required for validity, but the will may be made self-proved under SDCL 29A-2-504 — at execution (form a) or later (form b) — by the testator's and witnesses' sworn affidavit before a notary/authorized officer, eliminating the need for witness testimony at probate.
This is a do-it-yourself Will for a straightforward estate. If you have a large or blended estate, business interests, tax concerns, a special-needs beneficiary, or want to disinherit close family, have an attorney review it. This is not legal advice and RecordingLaw.com is not a law firm.
Or email yourself a copy (PDF)
Last Will and Testament of [YOUR FULL NAME]
ARTICLE I — DECLARATION
I, [YOUR FULL NAME], a resident of [CITY], [COUNTY] County, South Dakota, being of full legal age to make a will and of sound mind and memory, declare this to be my Last Will and Testament, and I revoke all wills and codicils I have previously made.
ARTICLE II — FAMILY
I am not married.
If I have not named or provided for a child or other descendant in this Will, that omission is intentional and not the result of accident or mistake.
ARTICLE III — PAYMENT OF DEBTS, EXPENSES, AND TAXES
I direct my Executor to pay my legally enforceable debts, the expenses of my last illness and funeral, the costs of administering my estate, and any estate or inheritance taxes payable by reason of my death, out of the residue of my estate, without apportionment.
ARTICLE IV — TANGIBLE PERSONAL PROPERTY
I give my tangible personal property (household goods, furniture, vehicles, jewelry, collections, and personal effects not otherwise specifically given) to my residuary beneficiaries as they agree, or as my Executor determines if they cannot agree.
I may leave a separate written memorandum, signed and dated by me, disposing of items of tangible personal property. South Dakota law allows such a memorandum to be given effect, and I direct my Executor to honor the most recent such memorandum I leave.
ARTICLE V — RESIDUARY ESTATE
I give all the rest, residue, and remainder of my estate to [RESIDUARY BENEFICIARY].
If no beneficiary named in this article survives me, my residuary estate shall pass to my heirs at law under the intestacy laws of my state.
ARTICLE VI — SURVIVORSHIP
Except as otherwise provided, a beneficiary must survive me by 30 days to receive any gift under this Will. A beneficiary who does not survive me by 30 days shall be treated as having predeceased me. This protects my estate from passing through the estate of a beneficiary who dies shortly after me.
ARTICLE VII — APPOINTMENT OF EXECUTOR
I nominate [EXECUTOR NAME] as Executor of this Will.
I direct that my Executor serve without bond and, to the fullest extent allowed by law, without court supervision (independent administration). My Executor shall have all powers granted to executors and personal representatives under the law of my state, including the power to sell, lease, invest, and distribute estate property, to pay debts and taxes, and to settle claims, all without prior court approval, as my Executor deems to be in the best interest of my estate.
ARTICLE VIII — DIGITAL ASSETS
I authorize my Executor to access, manage, distribute, and dispose of my digital assets and electronic communications, and to act as my fiduciary under the Revised Uniform Fiduciary Access to Digital Assets Act (or its equivalent in my state), with full authority to consent to a custodian's disclosure of the content and records of my electronic communications and accounts.
ARTICLE IX — SIMULTANEOUS DEATH
If any beneficiary and I die under circumstances in which the order of our deaths cannot be established, that beneficiary shall be deemed to have predeceased me. If my spouse and I die under such circumstances, my spouse shall be deemed to have predeceased me.
ARTICLE X — GENERAL PROVISIONS
This Will shall be governed by the laws of the State of South Dakota.
If any provision of this Will is held invalid, the remaining provisions shall remain in full effect. Words of one gender include the other, and the singular includes the plural, as the context requires. The headings are for convenience only and do not affect the meaning of this Will.
EXECUTION
IN WITNESS WHEREOF, I sign this Will, consisting of the foregoing pages, on this _____ day of ____________, 20____, at [CITY], South Dakota.
____________________________________
[YOUR FULL NAME], Testator
ATTESTATION — The foregoing instrument was signed by the Testator and declared to be the Testator's Will in our presence, and we, at the Testator's request and in the Testator's presence and in the presence of each other, sign below as witnesses, believing the Testator to be of sound mind and under no constraint or undue influence.
Witness 1: ____________________________ Address: ____________________________
Witness 2: ____________________________ Address: ____________________________
SELF-PROVING AFFIDAVIT (SDCL 29A-2-504) — sign this part before a notary to make probate easier:
FORM (a) — Simultaneous execution and self-proving:
I, [TESTATOR NAME], the testator, sign my name to this instrument this ___ day of ____, and being first duly sworn, do hereby declare to the undersigned authority that I sign and execute this instrument as my will and that I sign it willingly (or willingly direct another to sign for me), that I execute it as my free and voluntary act for the purposes therein expressed, and that I am eighteen years of age or older, of sound mind, and under no constraint or undue influence.
___________________ Testator
We, [WITNESS 1 NAME] and [WITNESS 2 NAME], the witnesses, sign our names to this instrument, being first duly sworn, and do hereby declare to the undersigned authority that the testator signs and executes this instrument as the testator's will and that the testator signs it willingly (or willingly directs another to sign for the testator), and that each of us, in the presence and hearing of the testator, signs this will as witness to the testator's signing, and that to the best of our knowledge the testator is eighteen years of age or older, of sound mind, and under no constraint or undue influence.
___________________ Witness ___________________ Witness
The State of ____ County of ____
Subscribed, sworn to, and acknowledged before me by [TESTATOR NAME], the testator, and subscribed and sworn to before me by [WITNESS NAMES], witnesses, this ___ day of ____.
(SEAL) (Signed) ___________________ (Official capacity of officer)
FORM (b) — Separate/subsequent acknowledgment + affidavit:
The State of ____ County of ____
We, [TESTATOR NAME], [WITNESS 1 NAME], and [WITNESS 2 NAME], the testator and the witnesses, respectively, whose names are signed to the attached or foregoing instrument, being first duly sworn, do hereby declare to the undersigned authority that the testator signed and executed the instrument as the testator's will and that the testator had signed willingly (or willingly directed another to sign for the testator), and that the testator executed it as the testator's free and voluntary act for the purposes therein expressed, and that each of the witnesses, in the presence and hearing of the testator, signed the will as witness and that to the best of the witness's knowledge the testator was at that time eighteen years of age or older, of sound mind, and under no constraint or undue influence.
___________________ Testator ___________________ Witness ___________________ Witness
Subscribed, sworn to, and acknowledged before me by [TESTATOR NAME], the testator, and subscribed and sworn to before me by [WITNESS NAMES], witnesses, this ___ day of ____.
(SEAL) (Signed) ___________________ (Official capacity of officer)
How to Sign Your Will in South Dakota
A valid (non-holographic) South Dakota will must be in writing, signed by the testator (or in the testator's name by another in the testator's conscious presence and at the testator's direction), and signed by at least two witnesses, each of whom signs within a reasonable time after witnessing the testator sign or acknowledge the will (SDCL 29A-2-502). South Dakota also recognizes holographic wills where the signature and material portions are in the testator's handwriting, with no witnesses required. Notarization is not required for validity, but the will may be made self-proved under SDCL 29A-2-504 — at execution (form a) or later (form b) — by the testator's and witnesses' sworn affidavit before a notary/authorized officer, eliminating the need for witness testimony at probate.
South Dakota requires 2 witnesses: Except for a holographic will, a will must be (1) in writing; (2) signed by the testator (or in the testator's name by another in the testator's conscious presence and by the testator's direction); and (3) signed by at least two individuals, each of whom signed within a reasonable time after witnessing either the testator's signing or the testator's acknowledgment of the signature or of the will (SDCL 29A-2-502).. Your will does not need to be notarized to be valid.
Choose witnesses who are adults and who do not inherit under your will. A beneficiary should never witness your will. Then sign the self-proving affidavit (SDCL 29A-2-504) in front of a notary. That sworn statement lets the court accept your will without tracking down your witnesses later, which speeds up probate.
Can You Use a Handwritten (Holographic) Will in South Dakota?
South Dakota recognizes holographic wills: a will is valid as holographic, whether or not witnessed, if the signature and the material portions of the document are in the testator's handwriting (SDCL 29A-2-502). Intent may be established by extrinsic evidence (29A-2-503). Even so, a typed will signed in front of witnesses is far less likely to be challenged, because handwritten wills are easy to get wrong (unclear gifts, no date, no witnesses) and invite disputes.
Spousal and Family Protections in South Dakota
Can you disinherit your spouse? You CANNOT fully disinherit a spouse. South Dakota is a full UPC state and uses the AUGMENTED-ESTATE SLIDING SCALE by length of marriage: the elective-share percentage rises with marriage duration from a supplemental-only amount (under 1 year) up to a MAXIMUM of FIFTY PERCENT (50%) of the augmented estate for marriages of 15 years or more. A supplemental elective-share floor of $50,000 also applies. The augmented estate reaches well beyond probate assets (revocable transfers, certain nonprobate property), so funded trusts do not defeat it.
Children born after your will: An omitted after-born/after-adopted child takes an intestate-equivalent or proportionate share under the UPC formula UNLESS the will shows the omission was intentional, the testator devised substantially all the estate to the other parent of the omitted child, or the child was otherwise provided for. S.D. Codified Laws § 29A-2-302. This is why the generator has you name your children and states that any omission is intentional.
If a beneficiary dies before you: If a devisee who is a grandparent, or a descendant of a grandparent, of the testator predeceases the testator leaving surviving descendants, those descendants take by representation the devised property — unless the will provides otherwise (UPC-style anti-lapse). Generator should include an express alternate-taker/survivorship clause to control disposition. The generator's "per stirpes" option and survivorship clause work alongside this rule.
Survivorship, No-Contest, and Digital Assets
Survivorship: South Dakota has adopted the 120-hour (USDA) survival requirement (S.D. Codified Laws § 29A-2-104 for intestacy and § 29A-2-702 for devises/the general survivorship rule). A devisee who fails to survive the testator by 120 hours is treated as predeceasing unless the will states otherwise. Generator default should still set an express 30–60 day survivorship period, which SD honors. The generator builds in a 30-to-60-day survivorship period regardless.
No-contest clauses: No-contest (in terrorem) clauses are enforceable in South Dakota, but the penalty/forfeiture is NOT enforced if PROBABLE CAUSE exists for instituting the proceedings (UPC rule). S.D. Codified Laws § 29A-3-905. Generator may include a no-contest clause but should warn it will not bar a probable-cause contest.
Digital assets: South Dakota has adopted the Revised Uniform Fiduciary Access to Digital Assets Act, so your executor can manage your online accounts and digital property — the generator includes a clause granting that authority.
Personal-property list: South Dakota lets you leave a separate signed list (a "memorandum") giving away specific personal items, so you can update who gets what without rewriting your will.
What Happens If You Die Without a Will in South Dakota?
South Dakota follows the modern Uniform Probate Code: a surviving spouse inherits the entire estate whenever there are no children, or when every child is also the spouse's child — parents never cut in ahead of the spouse. The spouse's share only shrinks when a stepchild situation exists, in which case the spouse takes the first $100,000 plus half of the remainder and the descendants split the rest.
- Spouse, no children: Entire intestate estate. If no descendant of the decedent survives, the surviving spouse takes everything.
- Spouse and shared children: Entire intestate estate to the surviving spouse if all of the decedent's surviving descendants are also descendants of that surviving spouse.
- Spouse and a child from another relationship: Spouse's share drops. If one or more of the decedent's surviving descendants are NOT descendants of the surviving spouse, the spouse takes the first $100,000 plus 1/2 of the balance; the descendants divide the rest by representation.
- Children, no spouse: No spouse: the whole estate passes to the decedent's descendants, by representation (per capita at each generation under SDCL 29A-2-106).
- No spouse or children: No spouse, no descendants: to surviving parents (equally, or all to one); then to the descendants of the parents (siblings, nieces/nephews) by representation; then split between paternal and maternal grandparents and their descendants; escheats to the state if no heirs.
Unmarried partners, friends, and stepchildren you have not adopted generally receive nothing under intestacy. A will is how you override these defaults. Source: S.D. Codified Laws § 29A-2-102.
Updating, Revoking, and Storing Your Will
Review your will after any big life change — marriage, divorce, a birth, a death, or a move to a new state. To change it, either sign a new will that revokes the old one (the cleanest option, and what this generator produces) or add a witnessed "codicil." Do not cross things out on a signed will — handwritten edits can invalidate it. Store the signed original somewhere safe and tell your executor where it is; a will that cannot be found is presumed revoked.
Common mistakes to avoid: using a beneficiary as a witness; forgetting a residuary clause (so part of the estate passes by intestacy); leaving a young child a lump sum outright at 18 instead of in trust; not naming a backup executor or guardian; and never actually signing the document. The generator above is built to avoid each of these.
Frequently Asked Questions
Is a will made online valid in South Dakota?
Yes, if you sign it correctly. South Dakota requires 2 witnesses. The document this tool creates is a standard typed will; it becomes legally valid when you sign it following the steps above.
Does my South Dakota will need to be notarized?
No. South Dakota does not require your will to be notarized to be valid. Notarizing the separate self-proving affidavit is optional but makes probate easier.
How many witnesses does a South Dakota will need?
2 witnesses. Except for a holographic will, a will must be (1) in writing; (2) signed by the testator (or in the testator's name by another in the testator's conscious presence and by the testator's direction); and (3) signed by at least two individuals, each of whom signed within a reasonable time after witnessing either the testator's signing or the testator's acknowledgment of the signature or of the will (SDCL 29A-2-502). They should be adults who do not inherit under the will.
Can I leave my spouse out of my South Dakota will?
You CANNOT fully disinherit a spouse. South Dakota is a full UPC state and uses the AUGMENTED-ESTATE SLIDING SCALE by length of marriage: the elective-share percentage rises with marriage duration from a supplemental-only amount (under 1 year) up to a MAXIMUM of FIFTY PERCENT (50%) of the augmented estate for marriages of 15 years or more. A supplemental elective-share floor of $50,000 also applies. The augmented estate reaches well beyond probate assets (revocable transfers, certain nonprobate property), so funded trusts do not defeat it.
What happens if I die without a will in South Dakota?
South Dakota follows the modern Uniform Probate Code: a surviving spouse inherits the entire estate whenever there are no children, or when every child is also the spouse's child — parents never cut in ahead of the spouse. The spouse's share only shrinks when a stepchild situation exists, in which case the spouse takes the first $100,000 plus half of the remainder and the descendants split the rest.
Does a South Dakota will avoid probate?
No. A will still goes through probate — it directs how your estate is distributed and names your executor, but the court still supervises (often a simplified, independent administration). To avoid probate entirely, people use living trusts and beneficiary designations in addition to a will.
How old do I have to be to make a will in South Dakota?
Generally 18. An individual 18 or more years of age who is of sound mind may make a will (SDCL 29A-2-501). You must also be of sound mind.
Can I write my will by hand in South Dakota?
South Dakota recognizes handwritten (holographic) wills, but they are easy to get wrong and easy to challenge. A typed, witnessed will is much safer.
Do I need a lawyer to make a will in South Dakota?
Not for a straightforward estate — a properly signed will is valid whether or not a lawyer drafts it. See an attorney if you have a large or blended estate, business interests, tax concerns, a special-needs beneficiary, or want to disinherit close family.
Is this really free?
Yes. The generator is free, requires no account, and runs entirely in your browser — your answers are not sent to a server. It is general information, not legal advice.
Disclaimer
This generator produces a general-purpose will for a straightforward estate and is not legal advice or a substitute for an attorney. Will and probate law changes; the South Dakota requirements here are current as of 2026-06-03. A will is only valid if signed and witnessed correctly. For a large, blended, or complex estate, tax planning, a special-needs beneficiary, or to disinherit close family, consult a South Dakota estate-planning attorney. RecordingLaw.com is not a law firm.
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