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In South Dakota, every person over the age of eighteen (18) years, who is of sound mind, may execute a will. The will should be in writing, signed by the testator in the presence of two (2) witnesses. The two (2) witnesses must write their names on the will.

What Are the Three Conditions to Make a Will Valid? The testator, or person making the will, must be at least 18 years old and of sound mind. The will must be in writing, signed by the testator or by someone else at the testator's direction and in their presence. ... The will must be notarized.

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.

In South Dakota, the following requirements must be met: The creator of the will (the ?testator?) must be at least eighteen (18) years old and of sound mind. The will must be written. The will must be signed.

If a person creates a will before passing away in South Dakota, the will must go through the legal probate process after that person's death. This allows the deceased person's assets to be distributed as instructed in the will, but complications can occur that require an attorney's assistance.

Who Gets What in South Dakota? If you die with:here's what happens:children but no spousechildren inherit everythingspouse but no descendantsspouse inherits everythingspouse and descendants from you and that spousespouse inherits everything3 more rows