PDF
Word
Last Will and Testament Template - South Dakota
A South Dakota Last Will and Testament is a legal form used for the purposes of distributing an individual's property upon their death to the selected beneficiaries. The Last Will has several main purposes and allows the individual making the will - otherwise known as the Testator - to do the following:
- Decide who gets their property;
- Decide who will manage their estate;
- Decide who will take care of any minor children, dependents or pets;
- Minimize probate and estate taxes;
- Avoid a lengthy probate process;
- Make gifts and donations;
- Set up a family trust.
The South Dakota Last Will is defined by § 29A-1-201(52) and regulated by Chapter 29A-1 (South Dakota Uniform Probate Code) . The document is to be signed in the conscious presence of the Testator by two (2) or more individual witnesses. Click on this link to create your own document with our online form builder or download a ready-made template through the link below.
What Is a Last Will and Testament in South Dakota?
A Last Will and Testament is a legal document that is written by a Testator to ensure that their estate will be distributed according to their wishes after their death. A Testator has to comply with certain requirements in order to be able to create a will.
- Age. A person must be over the age of 18 or an emancipated minor to legally be able to make a will.
- Testamentary capacity. A Testator must be of sound mind when composing their will. Having testamentary capacity means that the Testator has an understanding of what they are signing and are aware of the general nature and amount of property they own.
- Witnesses. All Last Wills must be signed and certified by a notary. Most states also require a legal will to be witnessed by least two people present during the signing of the document.
How to Write a Will and Testament in South Dakota?
Each state has its specific requirements that a Last Will and Testament template must meet to be legally acknowledged. A Testator is free to choose what to include in their will. The basic instructions for creating a will in South Dakota are as follows:
- The Testator must make a list of the people that they would like to elect as beneficiaries.
- The Testator should then create an inventory of all assets (real estate, vehicles, bank accounts) and calculate their worth.
- The money and property must then be split between the selected beneficiaries.
- A portion of the assets that will go towards paying inheritance tax, mortgages and funeral costs should be calculated and included in the will.
In most cases, it is best practice to select an Executor - a person that carries out a Testator's wishes in accordance with the will. Any adult 18 years or older and that has never been convicted of a felony can be an Executor for a will.
Download Last Will and Testament Template - South Dakota
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
