Create a South Dakota Last Will and Testament with our customizable template!
In South Dakota, a Last Will and Testament is a document that clearly displays what a Testator wishes to do with the assets of their estate once they die. The Testator is the person who creates the Will. Generally, people use a Will to distribute their assets to their children, spouse, or siblings. However, a Will can designate assets to charity, family, friends, and anyone else that the Testator wishes. Additionally, the Testator has the power to change their Will at any time. In order for this document to be considered legal in South Dakota, it must be signed by two witnesses as well as the Testator. This helps ensure that the Testator meets the legal requirement of being both of legal age and of sound mind when they create and sign their Will. After the Will is executed, it should be kept someplace that is both safe and easy to access, such as with the Testator’s attorney or with a trusted family member or friend.
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.
Step 1 - Using the template provided by FormSwift, enter your legal name and your gender.
Step 2 - Enter your city and county of residence.
Step 3 - Pick your marital status from the following list:
If aren’t single, divorced, or widowed, provide the name of your spouse.
Step 4 - If you have children, pets, property, or life insurance policies, provide that information now.
Step 5 - Now, provide the names of your children, if they are living, and whether or not they will be named as beneficiaries in your will. Next, list the names of pets. Finally, provide information about any life insurance policies you own.
Step 6 - List the amount of money or percentage of your property you’d like to leave each of your children.
Step 7 - If you’d like to set up a trust for someone who is mentally ill or someone who has some sort of disability, mention that here. Setting up a trust for a person with special needs or a disability, especially if they require special care, can prevent any interference with their ability to receive Supplemental Security Income and Medicaid benefits.
Step 8 - List the age that your children must be in order to start receiving benefits from their trust. List how much of the trust will be received. Finally, list the age they will be when the benefits end.
Step 9 - Is there a specific funeral home you’d like your body taken to? Provide that information during this step.
Step 10 - Would you like a specific food to be served at the meal after the funeral service? Would you like the meal to be served at a particular place? If you have that information or other specific burial arrangement information, enter it here.
Step 11 - Naming your Executor - Your Executor is a person who is charged with administering your estate when you die. Your Executor can be a beneficiary in your Will or your attorney. However, it is important that you name an Executor. If you don’t appoint someone, the probate court will do it for you. Provide the following information:
Also, if you’d like to provide an alternate Executor, or if there is someone you do not want to act as your Executor, provide their name and relationship to you as well.
Step 12 - Appointing a Trustee - If your assets are set up in a trust, you must appoint a person, known as a Trustee, to disperse your assets once you pass away. You may also want to appoint an alternative Trustee. If your assets are in a trust, provide the following information for both a Trustee an an alternative Trustee:
Step 13 - Digital Executor - A Digital Executor is someone charged with distributing your digital assets. Digital assets can include trademarks, copyrights, valuable photos, digital currency, etc. If you have digital assets and wish to appoint a Digital Executor, provide the following information:
Step 14 - Guardian for Your Minor Children - If you have minor children, it is important to consider appointing a guardian to care for your minor children as well as an alternative guardian or a conservator. List the following information for the guardian, alternative guardian, and/or the conservator:
Step 15 - Additional Beneficiaries - If you wish to appoint additional beneficiaries besides your children, provide the following information for each beneficiary:
Step 16 - Disinheriting a Beneficiary - If you want to disinherit a spouse, a child, or another beneficiary, provide the following information:
Step 17 - Witnesses - Provide the following information for each of the witnesses in your Will:
When you sign your Will, both witnesses must be present to sign as well. Keep your Will someplace that is both safe as well as easily accessed.
In the State of South Dakota, having a legal will in place is an important step in the estate planning process. Creating this legal document allows for you to document and explain your wishes for your assets upon your death. You can also explain your guardianship desires for your children, make charitable donations, and create pet trusts in your will. Most importantly, having a will allows you to designate an executor who will be responsible for carrying out these wishes.
A last will and testament is not legally required according to South Dakota law. However, there are many benefits to having one.
According to state law, without a last will and testament in place, laws of intestacy will be enacted. This means that the South dakota probate courts will determine what happens to your assets as well as name a guardian of your minor children. In South Dakota, without a will, a surviving spouse will inherit the entire estate. If there are children from a different relationship than the relationship with the surviving spouse, the surviving spouse inherits the first $100,000 plus half of the balance with the remainder going to surviving children. Surviving parents can also claim a share of the estate. Without a spouse, children, or parents, the probate court will find the next closest relative to inherit the estate in intestate succession. If the probate court is unable to locate a relative, the State of South Dakota becomes the beneficiary of the estate and absorbs the assets.
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