Will Laws
South Dakota
Will Laws
South Dakota
Overview
Here you will find what is required by state when making a living will. You will also find whether or not this specific state accepts oral or written wills.
Some key terms to keep in mind:
Testator: One who makes or has made a will; one who dies leaving a will.
Holographic Will: A will and testament that has been entirely handwritten and signed by the testator.
Oral Will: An oral will (or "nuncupative" will) is a will that has been delivered orally (that is, in speech) to witnesses, as opposed to the usual form of wills, which is written and according to a proper format.
State Requirements and Will Type Recognition
Code Section
29A-2-501, et seq
Operative Facts
- Must be a competent adult
- document must be signed by declarant
- witnessed by 2 adults
- may be in presence of notary public (suggested form ยง34-12D.3)
- not operative for pregnant woman unless live birth unlikely to a reasonable degree of medical certainty
Age of Testator
18 years or older and of sound mind
Number of Witnesses Required
Signed in conscious presence of testator by two or more individuals who, in the conscious presence of testator, witnessed either the signing of the will or the testators acknowledgment of that signature.
Oral Will Recognition
Not recognized