Writing Your Will in South Dakota

To create a will in South Dakota, the person creating the will (known as the testator) must be able to:put their will in writingunderstand the meaning of the documentbe free of undue influence or duress, andsign it in front of two witnesses.A will remains in full effect until a new will replaces it or it is revoked. Written amendments to the will in the form of codicils require the same signing and witness formalities as a will. The state of South Dakota recognizes holographic wills in certain circumstances. A holographic will is one written in the testator's handwriting but not signed by any witness. See our interactive map on holographic wills for more information. Oral wills are not recognized in South Dakota.Limitations on Wills in South DakotaIn South Dakota, a surviving spouse has a right to either accept the gift under a will or choose to take his percentage of the spouse's estate as defined…