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What You Need to Know to Create a Valid Will in South Dakota


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9/28/2011
Zimmer, Duncan & Cole
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When you create a properly executed will, you are able to direct how your personal property will be distributed upon your death.  Without a will, you are considered to have died intestate and state law determines how your property will be distributed.  While these are critical decisions that must be made, not everyone can create a will in South Dakota.  The law requires the following in order for a will in South Dakota to be considered legal:

  • The testator (creator of the will) must be at least eighteen years of age
  • The testator must be of sound mind
  • The will must be in writing
  • The will must be signed by the testator in the presence of two witnesses
  • The will must be signed by the two witnesses who were present to the execution of the will and who also witnessed each other sign the will

We believe that drafting a will includes many difficult decisions involving professional judgment.  A South Dakota will contest attorney can assist in developing a will that is clear and concise to avoid being contested after your death.  An experienced lawyer can also reduce tax consequences and avoid problems once probate is started. 

If you need assistance in developing your will or in contesting a will, contact the experienced South Dakota will contest lawyers at Zimmer, Duncan & Cole toll free at (888) 733-2992 or complete the contact form on this page for a free consultation.  You should also order a free copy of A Step-by-Step Guide to Will Contest Cases- What You Should Know Before You Meet with a Lawyer available on our website.


Category: Will Contest


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