How to Make a Will in South Dakota

Making a will in South Dakota ensures your property is handled according to your wishes after your demise. A will enable you to distribute your property to your loved ones after your demise, giving you complete control. In South Dakota, in cases where a testator dies without a will, the state’s intestacy laws are used to manage the estate. Wills in South Dakota must meet specific legal requirements to be valid. Below, we delve into how to do a will in South Dakota.

What are the Steps to Create a Will in South Dakota?

Creating a valid last will and testament in South Dakota is a process that should be done carefully to ensure your wish is met. Below are the steps to creating a will in South Dakota:

1.     Identify your assets

List all your assets, such as businesses, real estate properties, bank accounts, and jewelry. Be very thorough by including the locations of your assets. This process ensures that you do not leave out any assets you own and that the executor will quickly locate the assets after you are gone.

2.     Appoint an executor

Choose someone you trust who can and is willing to be your executor. The executor will manage your estate after your demise. This step ensures that you can task someone responsible and of your choice to manage your property.

3.     Appoint a guardian for your minor children

Choose someone who is able and willing to care for your minor children after you are gone. The guardian should be someone you trust and is responsible enough to look after your children.

4.     Draft the will

Ensure that your will is in a written format. You can write the will yourself or get professional help drafting it. Ensure that your will meets the South Dakota will requirements to legally bind it.

5.     Sign the will

Signing a will is an essential step in the will-writing process. Ensure to sign a will in the presence of two sound-minded adults, preferably those who are not beneficiaries of the will. This step proves that you wrote the will of your own free will.

What Happens if I Don’t Have a Will?

When an individual passes away without a will in South Dakota, the state’s intestacy laws are used to distribute their assets. The court prioritizes your spouse, children, and relatives, which might conflict with what you would have wanted. The court then appoints an executor who will be in charge of managing your estate. In cases involving minors, the court appoints a guardian who will be given authority over your children. When intestacy laws are used, individuals have no control over what they own. You can avoid this by using a last will and testament form in South Dakota to make a legally binding will.

What are the Requirements for Writing a Last Will and Testament in South Dakota?

For a will to be rendered valid in South Dakota, they must meet the requirements below:

1.     Legal age

You must be 18 to write a will in South Dakota. This requirement ensures that you are old enough to understand legal matters and what you are doing.

2.     Written document

Your will must be presented in a written format. South Dakota only acknowledges handwritten wills if they satisfy the requirements. Therefore, you must ensure that your will is in a typed written document to make it valid.

3.     Sound Mind

You must be of sound mind to make South Dakota wills. A sound mind ensures that you understand what is happening and that your decisions are yours without the influence of others.

4.     Witnesses

Two sound-minded adults must witness you sign the will. They must then sign the will to confirm it was made willingly. This helps to prevent fraud and thus lessen the chances of beneficiaries contesting a will in South Dakota.

5.     Signature

You must sign your will for it to be legally binding. In cases where you cannot sign your will, someone of your choice can sign it for you and in your presence.

How Often Should You Review and Update Your South Dakota Will?

In South Dakota, you should review and update your last will and testament every 3 to 5 years or when significant changes such as marriage, having a child, or a divorce occur. This action ensures that your will reflects your current life status and thus prevents South Dakota will disputes. You can choose to update your will yourself or get help from professionals. LegalPen offers will writing services for individuals in South Dakota at an average price of $250.

How to Revise and Update Your Will in South Dakota

Revising and updating your will ensures that it reflects your current life. You can update your will by adding a codicil or creating a new one if significant changes occur. You should then ensure that the will is valid by signing it and it has been witnessed by two individuals who have signed it. You then need to store your will safely. Individuals who do not know how to write a South Dakota will could use the South Dakota will testament to guide them.

What Makes a Will Valid in South Dakota?

Making a will valid under the South Dakota inheritance laws requires you to meet the requirements below:

1. The will must be in writing.
2. You must be 18 years old and of sound mind.
3. You must sign the will and have it witnessed by two witnesses who sign it too.

Can a Handwritten Will be Valid in South Dakota?

A handwritten will can be valid if it meets all the requirements. This means you must sign the will and have two witnesses sign it. Even when using do-it-yourself wills, ensure that they meet the requirements before filing them so that they can be legally binding. It is important to note that a handwritten will differs from a living will and serves different purposes.

How Do I Sign My South Dakota Will?

Signing your will is one requirement for making a will valid. After ensuring that the will has covered all your wishes, proceed to sign the will in front of two witnesses who, to avoid conflict of interest, should preferably not be beneficiaries of the will. The witnesses should then sign the will to ascertain that they have witnessed you signing it. Whether you have had your will drafted by an attorney or are using a will template, ensure these requirements are met.

What Can I Include in an Online Will in South Dakota?

It is essential to know what to include in an online will. Below are some of the items you can include in your online will:

1. Include your personal information, such as name and address
2. Name an executor who will carry out your wish and manage your estate when you are gone
3. Include your chosen beneficiaries and what property or asset they will inherit from you.
4. Choose a guardian for your minor children to ensure they are well cared for after your demise.
5. Discuss your debts and liabilities and how they will be handled to ensure that the executor manages the debts as you would have wanted.

Types of Assets Covered in a South Dakota Will

A South Dakota last will and testament lets you determine which beneficiary gets what from you once you are gone. For you to do that, you must outline all your assets in the will. Below are the assets that you can include in a South Dakota will:

1. Bank accounts. Include all your different bank accounts, including the savings and checking accounts.
2. Personal property. These include items like vehicles, furniture, and jewelry.
3. Digital assets. Include all the digital assets you own, including social media accounts, Cryptocurrencies, and digital files.
4. Investments. They include stocks, bonds, and business stakes.
5. Real estate. These include houses, land, or any other property that belongs to you.

Can I Revoke or Change My Will In South Dakota?

Yes, you can revoke or change your last will and testament in South Dakota. South Dakota law allows individuals to revoke their previous wills and make new ones, provided that they make it known that they have revoked the previous one and ensure that the new will has met all the South Dakota will requirements. 

How Do You Revoke or Change Your Will in South Dakota?

You can revoke or change your South Dakota last will and testament by making a new one and canceling the previous one or by adding a codicil that changes the aspects of the will you do not like and addresses them there. You must know how often to update a will to reflect your current life. For individuals going through significant changes such as divorce, knowing how long a divorce takes in South Dakota is crucial so that you can update the will as required.

Can I Make a Digital or Electronic Will in South Dakota?

No, you cannot make a digital or electronic will in South Dakota. For a will to be recognized in South Dakota, it must fulfill all the will requirements. For individuals who have recently undergone a name change in South Dakota, ensure that this change has been made to the current online will to ensure everything is clear.

Who Can Witness a Will in South Dakota?

Any sound mind adult can witness a will in South Dakota. However, choosing a witness who is not a beneficiary of the will is better as it will ensure they will not have a conflict of interest and thus prevent South Dakota will disputes.

Should My Will Name an Executor?

Yes, you should name your executor in your last will and testament in South Dakota. The executor is officially acknowledged in the probate court and then given the mandate to fulfill your wishes.

What are the South Dakota Will Executor Requirements?

For an individual to qualify as an executor, they must meet all the South Dakota will requirements below:

1.     Legal Age

They must be 18 or older to qualify as an executor in South Dakota. This requirement ensures that the individual understands the legal matters and can manage the estate properly.

2.     Sound Mind

The executors must be mentally stable to make good estate decisions. This is an essential requirement that must be met.

3.     No Felony Convictions

They mustn’t have a felony record, which helps ensure they’re trustworthy. This requirement provides the testator peace of mind, knowing that a responsible person will manage their estate.

What Happens to a Will After Death in South Dakota?

South Dakota wills are taken to probate court after the testator’s death. The court officially names the executor and ensures the will is valid. The executor pays off debts and liabilities and distributes the remaining assets to the will’s beneficiaries.

What is the Impact of Marriage and Divorce on Your South Dakota Will?

Marriage and divorce impact your South Dakota will. After marriage, ensure your will is updated to include your spouse, as it might not happen automatically. Couples can make a will for married couples to manage their assets. After a divorce, anything in your will that benefits your ex-spouse is usually revoked by law. Ensure you understand South Dakota inheritance laws and how they work around marriage and divorce.

Do all Wills in South Dakota have to Go Through Probate?

Yes, all last will and testament in South Dakota must go through probate. The probate court ensures that the wills are valid and can be fulfilled by the executor.

Is South Dakota a Community Property State?

No, South Dakota isn’t a community property state. In South Dakota, the property you acquire during your marriage is considered yours unless you decide to share ownership. 

How is South Dakota Intestate Succession Done?

After someone dies without a will in South Dakota, intestate succession prioritizes their spouse, children, and closest relatives. So as to avoid intestate succession, utilize the South Dakota will template to make your will.

How is Estate and Inheritance Tax in South Dakota Done?

South Dakota does not impose taxes on estates or inheritances, so beneficiaries receive their inheritance without tax.