Wills Lawyer in South Dakota — How to Make a Valid Will and Protect Your Family

A will is the simplest way to protect your family. This guide from a wills lawyer in South Dakota perspective explains how to make a valid will, what to include, and how to avoid common mistakes.

In South Dakota, a will must be in writing, signed by the person making it and signed by two witnesses. Moreover, South Dakota gives a surviving spouse an elective share, a right to claim part of the estate even if the will leaves them less. As a result, careful drafting matters.

Our attorneys draft wills, powers of attorney and healthcare directives for South Dakota residents, entirely online, at fixed prices.

Why you need a will in South Dakota

A will says who receives your property and who manages your estate. In addition, it lets parents nominate a guardian for minor children. Without one, South Dakota's intestacy laws decide who inherits.

Intestacy rules may not match your wishes. For example, unmarried partners and stepchildren usually receive nothing. As a result, even simple estates benefit from a will. Our Last Will and Testament service drafts a will that meets South Dakota's requirements.

Signing requirements in South Dakota

In South Dakota, a will must be in writing, signed by the person making it and signed by two witnesses. Witnesses should be adults who do not inherit under the will. Independent witnesses make the will stronger.

Many wills also include a self-proving affidavit, signed before a notary. It allows the court to accept the will without calling the witnesses later. Consequently, probate usually moves faster.

Small errors, big problems

A missing signature or witness can invalidate a will. Therefore, follow the signing steps exactly.

Handwritten and electronic wills in South Dakota

South Dakota recognizes handwritten (holographic) wills in some circumstances, generally when the signature and key terms are in the person's own handwriting. Even so, they often cause disputes, so a properly witnessed will is much safer.

South Dakota generally still expects a signed paper will, so keep the original in a safe place. In any case, keep a copy with your important papers.

Spouses and wills in South Dakota

South Dakota gives a surviving spouse an elective share, a right to claim part of the estate even if the will leaves them less. As a result, married couples should plan together.

Many couples choose mirror wills that leave everything to each other first. Our couples wills service drafts matching wills at a fixed price. In addition, a prenuptial or postnuptial agreement can change spousal rights.

Choosing an executor in South Dakota

The executor manages your estate after death. They collect assets, pay debts and distribute property. Consequently, choose someone organized, honest and willing to serve.

Name at least one backup executor. Furthermore, consider whether the person lives nearby, because some states add requirements for out-of-state executors. Read our guide to probate in South Dakota to see what the job involves.

Guardians for minor children

Parents of minor children should name a guardian in their will. Without a nomination, a judge decides who raises the children. As a result, naming a backup guardian is wise.

You can also leave money to children through a trust. That way, a trusted person manages the money until the children are older. Otherwise, children may receive everything at 18.

Think about practical details too. For example, consider where the guardian lives, their age and their health. In addition, talk with them about schooling, religion and family contact. These conversations make a hard transition easier for your children.

What a will cannot do

Some assets pass outside a will. For example, life insurance, retirement accounts and payable-on-death bank accounts go to named beneficiaries. Similarly, jointly owned property with survivorship rights passes to the co-owner.

Therefore, review your beneficiary designations along with your will. In addition, a transfer-on-death deed can pass real estate outside probate where South Dakota allows it.

Will or living trust in South Dakota?

A will must usually go through probate. By contrast, a living trust can avoid probate for assets placed in it. Consequently, trusts suit people with real estate or privacy concerns.

Many people use both: a trust for major assets and a "pour-over" will for anything left out. Read our guide to living trusts in South Dakota to compare. A living trust consultation helps you decide.

Powers of attorney and healthcare directives

A will only works after death. However, you also need documents for incapacity. A durable power of attorney lets someone manage your finances if you cannot.

Similarly, an advance healthcare directive names someone to make medical decisions and records your wishes. Together, these documents keep your family out of guardianship court. Our complete estate plan bundle includes all of them.

Updating your will in South Dakota

Review your will after major life events. For example, marriage, divorce, children and moves can all change what you need. Consequently, review your will every few years.

Small changes can be made with a codicil, which must be signed like a will. However, a new will is often cleaner. Never write changes on the original will, because that can cause disputes.

Common will mistakes in South Dakota

Several mistakes cause problems for families. First, people forget to name backup beneficiaries and executors. Next, they use vague language, such as "divide fairly," which invites disputes.

In addition, people forget digital assets and pets. Furthermore, some leave the original will where no one can find it. Finally, many never sign the will properly. Each of these mistakes is easy to avoid with professional drafting.

Digital assets and pets in a South Dakota will

Modern estates include digital assets. For example, online bank accounts, cryptocurrency, photos and social media accounts all need a plan. Therefore, list your important accounts in a separate, secure document.

Never put passwords in the will itself, because a probated will can become public. Instead, keep a secure list and tell your executor where to find it.

Pets need a plan too. You can name a caregiver and leave money for the pet's care. In addition, many states allow a pet trust, which makes sure the money is actually used for the animal.

Storing your will and telling your family in South Dakota

A will only helps if someone can find it. Therefore, keep the signed original in a safe, accessible place, such as a fireproof box at home. Consequently, avoid places that only you can open.

Tell your executor where the original is. In addition, give trusted family members a copy or a note saying where to look. Courts usually require the original, so copies alone may not be enough.

Finally, review the storage location whenever you move. A lost will can mean the estate passes as if there were no will at all.

What a will costs in South Dakota

Will costs vary widely. Simple wills are often offered at a flat fee, while complex estates cost more. As a result, you know the price up front.

Our will services are fixed-fee and prepared online. For a full overview of estate documents, read our estate planning package guide.

If you are unsure where to begin, list your assets, beneficiaries and preferred executor first. Then order your will, and we will guide you through signing it correctly.

Our Wills services in South Dakota

Every service below has a fixed price, is prepared by a qualified attorney and is delivered online — wherever you are in South Dakota. Additionally, you can upload evidence, message your attorney and track progress from your secure client dashboard.

Wills across South Dakota — cities we serve

We work with clients in every part of South Dakota, entirely online. Therefore, it does not matter whether you live downtown or hours from the nearest courthouse. Your documents follow South Dakota law and your county's local practice. Choose your city below to see local details and prices.

• Sioux Falls: Last Will and Testament in Sioux Falls · Couples Wills (Mirror Wills) in Sioux Falls · Complete Estate Plan Bundle in Sioux Falls
• Rapid City: Last Will and Testament in Rapid City · Couples Wills (Mirror Wills) in Rapid City · Complete Estate Plan Bundle in Rapid City
• Aberdeen: Last Will and Testament in Aberdeen · Couples Wills (Mirror Wills) in Aberdeen · Complete Estate Plan Bundle in Aberdeen
• Brookings: Last Will and Testament in Brookings · Couples Wills (Mirror Wills) in Brookings · Complete Estate Plan Bundle in Brookings

More South Dakota services

Couples Wills (Mirror Wills) in South Dakota · Complete Estate Plan Bundle in South Dakota · Advance Healthcare Directive / Living Will in South Dakota · Durable Power of Attorney in South Dakota · Living trust consultation in South Dakota · Transfer-on-Death Deed in South Dakota. See all legal services in South Dakota.

Nearby states

Moving between states, or is the other party elsewhere? We also cover Last Will and Testament in North Dakota, Last Will and Testament in Minnesota, Last Will and Testament in Iowa, Last Will and Testament in Nebraska, Last Will and Testament in Wyoming, Last Will and Testament in Montana. See every location we cover.

Frequently asked questions

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Related guides

This guide is general information, not legal advice for your situation. Every case is different — speak to a qualified attorney before you act.