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Will Contest Deadline in South Dakota

In South Dakota, a contest of an informally probated will must be started within the later of 12 months from informal probate or 3 years from death, and a no-contest clause is unenforceable if there was probable cause for the contest.

Last checked . General information, not legal advice.

South Dakota at a glance

Deadline to contest
12 months (or 3 years after death, if later)
Applies to informally probated wills.
Clock starts
Informal probate of the will (or date of death, if later)
No-contest clauses enforced
Yes, unless probable cause existed

Sources

Last checked

The rules in South Dakota

How long do you have to contest a will in South Dakota?

Deadline to contest in South Dakota: 12 months (or 3 years after death, if later). Applies to informally probated wills.

When does the deadline to contest a will start in South Dakota?

Clock starts in South Dakota: Informal probate of the will (or date of death, if later).

Are no-contest clauses in wills enforceable in South Dakota?

Yes, unless probable cause existed. No-contest clauses enforced in South Dakota: yes, unless probable cause existed.

Where do the South Dakota will contest deadlines come from?

The rules above come from SDCL 29A-3-108 and SDCL 29A-3-905. Each source is linked on this page. We last checked them in October 2026.

What this means in practice

Deadlines for will contests are often short and strictly applied. Knowing exactly which event starts the clock in the state where the will is probated, such as the date of admission, the date notice was mailed, or the date of publication, matters as much as knowing the length of the period.

Only people with a legal stake in the estate can usually contest a will, such as heirs who would inherit without the will or beneficiaries named in an earlier will. A contest also needs a recognized legal ground. Being disappointed with the amount left to you is generally not enough on its own.

A no-contest clause (also called an in terrorem clause) says a beneficiary who challenges the will loses their gift. Whether such a clause is enforced, and whether there is an exception for challenges brought with probable cause or in good faith, depends on state law. Anyone weighing a challenge, and anyone drafting a will, can check the state statute and may want to talk to a probate attorney.

General information, not legal advice. Laws change, and cities can add their own rules, so check the current statute before you rely on it.