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But witnesses must be competent adults. South Dakota also recognizes ?holographic wills?, the material provisions of which are in the testator's handwriting. Holographic wills must also be signed by the testator.

The law requires that the maker of the will be at least 18 years old and of sound mind. The will must be written, signed, and witnessed by two or more individuals. No witnesses are necessary if the will is dated and if the signature and material portions of the will are in the handwriting of the person making the will.

Wills in South Dakota don't need to be notarized to be valid, but notarization can make the probate process smoother. That's because, when a will is notarized, it means the probate court doesn't have to summon the witnesses to make sure the will is legally binding.

South Dakota recognizes holographic (handwritten) wills so long as the material portions of the document and signature are in the testator's handwriting. A South Dakota will may be changed at any time by codicil, which must be executed in the same way as a will.

If you die intestate in South Dakota without a spouse but you have children, then your estate goes to your children in equal shares. If you don't have children, then your entire estate goes to your parents, if they are living. If you don't have surviving parents, then your siblings inherit everything.

Many holographic wills do not have witnesses to their creation, giving no proof that the testator wrote it. Legibility can also be an issue with handwritten wills. If these issues cause disagreement among potential heirs, a hearing in court will decide the distribution of the assets and belongings.