Will Requirements in South Dakota
A South Dakota will must be signed by two witnesses in the testator's conscious presence unless the signature and material portions are in the testator's handwriting, and it can be made self-proved.
Last checked . General information, not legal advice.
South Dakota at a glance
- Witnesses
- 2 witnesses
- Self-proving affidavit
- Allowed
- Handwritten (holographic) wills
- Recognized
The rules in South Dakota
How many witnesses does a will need in South Dakota?
A will in South Dakota must be signed in front of two witnesses, who sign it too.
Can a will be self-proved in South Dakota?
Yes. South Dakota allows a self-proving affidavit, which lets a court accept the will without calling the witnesses to testify.
Is a handwritten will valid in South Dakota?
Yes. South Dakota recognizes handwritten (holographic) wills that meet its requirements.
Where do the South Dakota rules for wills come from?
They come from SDCL 29A-2-502 and SDCL 29A-2-504. We last checked them in October 2026. Laws change, so check the current statute before you rely on it.
How South Dakota compares
South Dakota is one of 27 jurisdictions that recognize handwritten wills.
What this means in practice
Sign the will in front of all the witnesses at the same time and have them sign right after you. Many people choose adult witnesses who receive nothing under the will, which avoids questions later.
Keep the signed original somewhere safe and tell your executor where it is. A copy is usually not enough to probate a will.
Changing a will later takes the same formalities: sign a codicil or a new will with witnesses, rather than writing changes on the original.
General information, not legal advice. Laws change, and cities can add their own rules, so check the current statute before you rely on it.