South Dakota Last Will and Testament: What Is It?
In South Dakota, a Last Will and Testament is a document that clearly displays what a Testator wishes to do with the assets of his or her estate once he or she is no longer living. Generally, people use a Will to distribute their assets to their children, spouse, or siblings, but a Will can designate a person’s assets to charity, family friends, and anyone else that the Testator wishes. Additionally, the Testator has the power to change his or her Will at any time. In order for this document to be considered legal in South Dakota, it must be signed by two Witnesses and notarized by a Notary Public.
South Dakota Last Will Laws
Definition of Will - §29A-1-201(52)
Laws - Chapter 29A-1 (South Dakota Uniform Probate Code)
Witnesses - According to §29A-2-502, the Will must be signed by two (2) individual Witnesses.
How to Write a South Dakota Last Will and Testament
Here is a brief summary of the sections covered in your Last Will Template:
- Information about the Testator
- Full name, city, county, gender
- Marital status
- Pets, property, and life insurance
- Pet names, insurance policy numbers, property addresses, etc.
- Children, and their inheritance (if any)
- This should include children’s names and inheritance amounts
- Set up a Trust for someone who receives government benefits, to prevent any eligibility issues
- Set age brackets for children who will receive benefits from your Will, as well as the portion they’re going to receive
- Funeral Home Arrangements
- Last Meal Wishes
- Naming your Executor
- Appointing your Trustee
- Naming your Digital Executor
- Appointing the Guardian over your children
- List any additional beneficiaries
- Beneficiary Name
- Inheritance Amount
- If you wish to disinherit someone, name them here
- Provide information on your Witnesses
- Telephone Number
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