Free Printable South Dakota Last Will and Testament & Requirements

Distribute your assets and appoint guardians after death

Sales Tax: 4.5%Notary: $10Witnesses: 1

Document Preview


LAST WILL AND TESTAMENT
State of South Dakota

I, [YOUR FULL LEGAL NAME], a resident of [COUNTY] County, South Dakota (SD), being of sound mind and memory, do hereby declare this to be my Last Will and Testament, revoking all previous wills and codicils.

ARTICLE I — IDENTIFICATION
Name: [YOUR FULL LEGAL NAME]
Date of Birth: [DOB]
Address: [ADDRESS], SD [ZIP]
Social Security Number: [LAST 4 DIGITS ONLY]

ARTICLE II — FAMILY
Spouse: [SPOUSE NAME] (if applicable)
Children: [LIST CHILDREN WITH DATES OF BIRTH]

ARTICLE III — DEBTS AND EXPENSES
I direct my Personal Representative to pay all legally enforceable debts, funeral expenses, and costs of administration from my estate.

ARTICLE IV — SPECIFIC BEQUESTS
I give the following specific gifts:
1. [ITEM/AMOUNT] to [BENEFICIARY NAME]
2. [ITEM/AMOUNT] to [BENEFICIARY NAME]
3. [ITEM/AMOUNT] to [BENEFICIARY NAME]

ARTICLE V — RESIDUARY ESTATE
I give the remainder of my estate to [BENEFICIARY NAME]. If this beneficiary does not survive me, I give the residuary estate to [ALTERNATE BENEFICIARY].

ARTICLE VI — PERSONAL REPRESENTATIVE
I appoint [EXECUTOR NAME] as Personal Representative of this Will. If unable to serve, I appoint [ALTERNATE EXECUTOR] as successor.

ARTICLE VII — GUARDIAN (if minor children)
I appoint [GUARDIAN NAME] as guardian of my minor children. If unable to serve, I appoint [ALTERNATE GUARDIAN].

ARTICLE VIII — POWERS
My Personal Representative shall have full power to sell, lease, mortgage, or otherwise manage estate assets as necessary.

This Will is executed in accordance with the laws of South Dakota (SD Statutes).

TESTATOR SIGNATURE: _____________________ DATE: _____
Print Name: _____________________

WITNESS ATTESTATION:
We declare that the person who signed this Will, or asked another to sign for them, did so in our presence, and appeared to be of sound mind and under no duress.

Witness 1: _____________________ DATE: _____
Print Name: _____________________ Address: _____________________

Witness 2: _____________________ DATE: _____
Print Name: _____________________ Address: _____________________

NOTARY ACKNOWLEDGMENT (if required in South Dakota):
State of South Dakota, County of [COUNTY]
Subscribed and sworn before me this ___ day of _______, 20__.
Notary Public: _____________________ My Commission Expires: _____
[NOTARY SEAL]

South Dakota Last Will and Testament Requirements

Review the following requirements to ensure your Last Will and Testament is legally valid in South Dakota.

Testator must be 18 or older
Testator must be of sound mind
1 witness must sign
Notarization recommended
Self-proving affidavit recommended
Personal representative named
Guardian for minors designated
Residuary clause included
Revocation of prior wills stated
1 witness must sign

South Dakota Notarization

While notarization may not be required in South Dakota, it is recommended. Fees range from $10.

Before You Sign

Review all information carefully. In South Dakota, a 4.5% sales tax may apply.

Legal Protection

Keep copies of all signed documents. South Dakota law requires all parties to receive copies of executed documents.

South Dakota Filing Deadlines

Check South Dakota deadlines for filing or recording this document with the appropriate county clerk's office.

Last Will and Testament Costs in South Dakota

Estimated fees and processing times

Fee TypeCostNotes
Notary Fee$5-$15 (if required)South Dakota standard rate: $10
Filing FeeVaries by stateState registration (if applicable)
Processing Time1-3 business daysTypical turnaround in South Dakota
Sales Tax4.5%South Dakota base rate (local taxes may apply)
Witness Requirement1 witnessSingle witness sufficient
Our TemplateFREEDownload instantly, no cost
Fees shown are South Dakota-specific estimates. Contact your local office for exact pricing.

FAQ: Last Will and Testament in South Dakota

Is a Last Will and Testament required in South Dakota?

Yes, in South Dakota, a Last Will and Testament is required for most transactions of this type. Under South Dakota State Code, the document must include all parties' information, be signed, and witnessed by at least one individual. Failure to use a proper Last Will and Testament may result in legal complications.

Does a Last Will and Testament need to be notarized in South Dakota?

Notarization requirements in South Dakota (SD) vary by transaction type. Notary fees in the state typically range from $10. While not always mandatory, notarization adds an extra layer of legal protection and is recommended for high-value transactions.

What are the tax implications of a Last Will and Testament in South Dakota?

South Dakota has a base sales tax rate of 4.5%. Depending on the type of transaction documented in your Last Will and Testament, additional local taxes may apply. Consult with a South Dakota tax professional for specific guidance on your situation.

Do I need a lawyer to make a will?

No, you can create a valid will without a lawyer in all 50 states. However, the will must meet your state's requirements for execution, including proper witnesses and, in some states, notarization. A lawyer is recommended for complex estates.

How many witnesses do I need for a will?

Most states require two witnesses who are not beneficiaries of the will. The witnesses must observe you sign the will and then sign it themselves. Some states also accept self-proving affidavits notarized at the time of signing.

Can I change my will after signing it?

Yes, you can change your will at any time by creating a codicil (amendment) or by writing an entirely new will that revokes the previous one. Any changes must meet the same execution requirements as the original will.

SMJ
Reviewed & Fact-Checked

Sarah Mitchell, J.D.

Legal Document Specialist

Licensed Attorney, 15+ years experience

Specializes in contract law and legal document preparation

This Last Will and Testament template for South Dakota has been reviewed for accuracy and legal compliance.

Last reviewed: March 2026

Where to File Your Last Will and Testament in South Dakota

Visit your local County Clerk office to file or notarize your Last Will and Testament.

South Dakota County Clerk

South Dakota Capital

Main Government Building, South Dakota

District County Clerk

South Dakota Metro Area

County Courthouse, SD

South Dakota Last Will and Testament Legal Guide

This legally binding document in South Dakota serves as official proof of transaction and is recognized by courts and government agencies.

Pursuant to South Dakota State Code in South Dakota, this Last Will and Testament must meet specific criteria. The applicable sales tax is 4.5%. Notarization, which costs $10 in SD, may be required depending on the transaction type. 1 witness is needed.

This document offers comprehensive legal protection tailored specifically to South Dakota's unique statutory framework.

testatorbeneficiaryexecutorpersonal representativeestate distributionprobateinheritanceguardian
Whether you're a first-time last will and testament user or a seasoned professional in South Dakota, understanding the legal nuances of this document is essential. South Dakota (SD) has specific statutes that govern how this form must be prepared, signed, and filed.

Avoid These Common Mistakes

South Dakota attorneys frequently see these errors:
- Using an out-of-state template that doesn't comply with SD law
- Forgetting to include required witness signatures
- Leaving fields blank or using abbreviations
- Not retaining copies for personal records
- Failing to update documents when South Dakota law changes

Legal Validity & Enforcement

Once properly executed, your Last Will and Testament is legally binding in South Dakota and enforceable in SD courts. The document remains valid indefinitely unless revoked or superseded. South Dakota courts generally uphold properly executed documents, provided they comply with applicable SD statutes.

How to Complete This Form

Start by gathering all necessary information: party names, addresses, and relevant details specific to your transaction. South Dakota law under SD requires accuracy in every field. Once completed, have all parties review the document before signing. Depending on the transaction type, South Dakota may require notarization or witness signatures.

SD Compliance Checklist

Before finalizing your Last Will and Testament, verify that it meets South Dakota's legal standards:
- Full legal names and addresses of all parties
- Clear description of the subject matter
- Consideration or purpose stated explicitly
- Dated and signed by all required parties
- Notarized if mandated by SD statute

Document Information

Document
Last Will and Testament
State
South Dakota (SD)
Category
Estate Planning
Format
PDF / Word / Print
Cost
100% Free
Sales Tax
4.5%
Notary Fee
$10

South Dakota Legal Requirements

Governing Statute:

State Law

  • Consult with a licensed attorney for specific requirements

Legal Disclaimer

This template is for informational purposes only and does not constitute legal advice. Laws in South Dakota may change. Consult a licensed attorney for advice specific to your situation.