How to make a will in South Dakota

South Dakota will requirements at a glance

How to sign a will in South Dakota

1. Print your will and read every word. Fill in any blanks in ink, but don't sign yet.
2. Choose two adult witnesses who receive nothing under your will and aren't married to anyone who does.
3. Sign and date your will in front of both witnesses, at the same time. Then each witness signs while you and the other witness watch.
4. Make it self-proving. You and your witnesses sign a short self-proving affidavit in front of a notary, so the court won't need to find your witnesses later. (SDCL 29A-2-504 (at execution or later; before an officer authorized to administer oaths))
5. Store the original safely and tell your executor where it is. South Dakota also lets you deposit your will with the probate court for safekeeping.

Who can make a will

Anyone 18 or older and of sound mind.

Witness rules

Two or more individuals must sign in the testator's conscious presence, after witnessing, also in the testator's conscious presence, either the signing or the testator's acknowledgment of the signature. The statute has no each-other presence rule (SDCL 29A-2-502(b)).

If a witness inherits: No effect: signing by an interested witness does not invalidate the will or any provision (SDCL 29A-2-505(b)).

Handwritten wills

Signature and material portions of the document in the testator's handwriting; witnesses not required (SDCL 29A-2-502(a)).

Self-proving affidavit

South Dakota lets you and your witnesses sign a self-proving affidavit, so the court can accept your will without contacting your witnesses. (SDCL 29A-2-504 (at execution or later; before an officer authorized to administer oaths))

Can I sign my will online in South Dakota?

No. No South Dakota statute authorizes electronic wills. Witnesses must be in the testator's 'conscious presence.'

Print your will and sign it on paper with your witnesses in the same room.

Online notarization: Neither section mentions wills. Remote notarization of a tangible document under 18-1-11.1 requires the notary's personal knowledge of the signer, and will witnesses must still be in the testator's conscious presence. (SDCL 18-1-11.1 (video notarization of tangible documents; SL 2019, ch 100) and 18-1-11.2 (remote online notarization of electronic records; SL 2024, ch 71))

Good to know in South Dakota

South Dakota has a harmless-error rule: a document that does not meet the formalities can be probated on clear and convincing evidence of intent (SDCL 29A-2-503). Wills can be deposited, sealed, with any court during life (29A-2-515).

Estate and inheritance taxes

South Dakota has no state estate or inheritance tax (2026). The federal estate tax applies only to estates over $15,000,000 per person in 2026, and gifts to charity are deductible.

South Dakota will questions

Does a will need to be notarized in South Dakota?

No. Two witnesses make a South Dakota will valid. A notary is needed only for the optional self-proving affidavit, which lets the court accept your will without contacting your witnesses.

Are handwritten wills legal in South Dakota?

Signature and material portions of the document in the testator's handwriting; witnesses not required (SDCL 29A-2-502(a)).

Can a beneficiary witness a will in South Dakota?

No effect: signing by an interested witness does not invalidate the will or any provision (SDCL 29A-2-505(b)).

Can I make a will online in South Dakota?

You can write your will online for free with MyLastWill, then print it and sign it with your witnesses. South Dakota doesn't allow electronic wills, so the will must be signed on paper.

Does South Dakota have an estate or inheritance tax?

South Dakota has no state estate or inheritance tax (2026). The federal estate tax applies only to estates over $15,000,000 per person in 2026, and gifts to charity are deductible.

Last reviewed October 24, 2026 against South Dakota statutes. Laws change, and this is general information, not legal advice. For advice about your situation, talk with a South Dakota attorney.