SD · Will Requirements
Will Requirements in South Dakota (2026)
A will in South Dakota requires 2 witnesses and does not require notarization. You must be at least 18 years old and of sound mind. South Dakota does not accept handwritten (holographic) wills, and electronic wills are valid here. A self-proving affidavit is available: your witnesses sign a sworn statement before a notary, and the will can then be admitted to probate without them appearing in court. Will execution is governed by S.D. Codified Laws §29A-2-502.
Here's what South Dakota says you need to make your last wishes actually count. Spoiler: it's not as bad as you think.
What does a valid will in South Dakota require?
| Requirement | South Dakota rule |
|---|---|
| Witnesses required | 2 |
| Notarization | Not required |
| Minimum age | 18 years old |
| Handwritten (holographic) wills | Not recognized |
| Electronic wills | Recognized |
| Self-proving affidavit | Available |
| Governing statute | S.D. Codified Laws §29A-2-502 |
| Probate threshold | $50,000 |
| Property system | Common law |
| State estate tax | No |
| State inheritance tax | No |
How do you make a will legally valid in South Dakota?
- Be at least 18 and of sound mind.
- Put it in writing and sign it yourself.
- Have 2 witnesses watch you sign, then have them sign the will too. Don't pick someone who inherits under it.
- A notary isn't required in South Dakota, but one is worth finding anyway.
- Attach a self-proving affidavit so your witnesses never have to show up in probate court.
So you’ve decided to finally write a will in South Dakota. Congratulations on acknowledging your own mortality. Most people can’t even manage that. Here’s what SD law requires to make sure your last wishes actually hold up in court instead of becoming an expensive piece of creative writing.
The basic requirements
South Dakota requires 2 witnesses to make your will valid. Good news: South Dakota doesn’t require a notary for your will, though getting one makes it self-proving and saves your executor a headache later. You must be at least 18 years old and of sound mind, though if you’ve been putting this off for years, the “sound mind” part is debatable.
South Dakota supports self-proving affidavits, which means if you get your witnesses to sign a sworn statement with a notary, they won’t have to show up in court later to confirm they watched you sign. Future-you’s executor will thank present-you.
Handwritten and electronic wills
South Dakota does NOT accept holographic (handwritten) wills, so put down the napkin and the crayon. South Dakota is one of the forward-thinking states that accepts electronic wills. Welcome to the future of death planning.
What South Dakota law says about your stuff
Under S.D. Codified Laws §29A-2-502, if you die without a will in South Dakota, your assets get distributed according to intestacy laws, basically, the state’s default settings for dead people. These defaults rarely match what anyone actually wants.
The bottom line
A valid will in South Dakota isn’t complicated, but it does need to follow the rules. 2 witnesses, your signature, and a clear head. Skip any of these and you might as well not bother, your family will be stuck in probate court arguing about who gets the good china while lawyers bill $300 an hour to watch.
Special note for South Dakota: South Dakota has no state income tax, making it popular for trusts
How much does a will cost in South Dakota?
An attorney in South Dakota averages $700 (range $400-1200). Killswitch charges $69, once, with no subscription.
Typically $400-1200. The clock starts again every time you think of a question.
Cheap, and you're the one deciding whether it clears South Dakota law.
One payment, about thirty minutes, and nobody bills you for the follow-up call. That's roughly $631 you keep.
That's less than your monthly streaming subscriptions, and infinitely more useful when you're dead. Just $69.
What else do people ask about wills in South Dakota?
How many witnesses do I need for a will in South Dakota?
South Dakota requires 2 witnesses for a valid will. They need to be competent adults who watch you sign and then sign the will themselves. Pro tip: don't pick someone who's inheriting, that's a conflict of interest that could invalidate their share.
Does South Dakota require a notary for wills?
No, South Dakota doesn't require a notary for your will to be valid. However, getting a notarized self-proving affidavit means your witnesses won't have to testify in court later, worth the extra step.
Are handwritten wills valid in South Dakota?
No, South Dakota does not recognize holographic (handwritten) wills. Your will needs to be typed and properly witnessed to be valid.
What is the minimum age to make a will in South Dakota?
You must be at least 18 years old to make a will in South Dakota. If you're 18 and already thinking about your will, you're either incredibly responsible or having a really rough week.
Can I make an electronic will in South Dakota?
Yes! South Dakota recognizes electronic wills, so you can create, sign, and witness your will digitally. Welcome to the 21st century of death planning.
What other South Dakota documents do you need?
Do you need a South Dakota healthcare directive?
South Dakota requires 2 witnesses for healthcare directives. No notary required.
What does estate planning in South Dakota cover?
Everything SD residents need to know about estate planning, without the lawyer-speak or the $700 attorney bill.
Do you need a South Dakota power of attorney?
South Dakota POAs are durable by default. Notarization required.
How do the rules compare in nearby states?
Your South Dakota Family Will Thank You (Eventually)
About thirty minutes, built from South Dakota statute, and valid the moment you sign it the way South Dakota asks you to.
Free to build, free to read, $69 only when you want the copy without the watermark.
Look, we're not lawyers (we're way more fun at parties). This is educational content about South Dakota laws, not legal advice. If your situation is complicated (and let's be honest, whose isn't), talk to an actual attorney. We just make the paperwork less painful.
