Wondering who can create a will in South Dakota? We have answers.

Wills are important documents developed to protect the family and property of the decedent. The testator, or creator of the will, must put significant thought and consideration into how assets will be distributed upon his or her death. It is essential to develop a will that is properly, or legally, written, otherwise property passes according to the intestacy laws of South Dakota.



For a person who dies intestate (without a will), the court will appoint a personal representative to administer the estate and division of property. Generally, the laws of intestacy in South Dakota indicate that the decedent's property will pass to the closest surviving relative. This is usually a spouse or child. However, if neither exists, then the property will pass further down the line. It should be noted that whether the person died with or without a will, creditors still must be paid from the estate's assets prior to distribution of the estate to the heirs.



In order to execute a will in South Dakota, a legal testator must be:

1. At least eighteen years of age;
2. Of sound mind, which means that the testator must understand that he/she is creating a will and must not have been deemed incompetent in a prior legal proceeding.

In addition to the above-mentioned requirements, the will must be in writing and signed by the testator in the presence of two witnesses, and the two witnesses must write their names on the will. A will is not considered valid and may be contested if these requirements are not fulfilled.



Drafting a will is very complex and involves many critical decisions regarding finances and property. Consultation with an experienced South Dakota will contest attorney is recommended prior to creating or contesting a will. The law firm of Zimmer, Duncan & Cole has been assisting clients in drafting wills and in will contests for over sixty years. We at Zimmer, Duncan & Cole have offices in Sioux Falls and Parker, and we serve all of South Dakota. Contact us toll free at (888) 733-2992, and order a free copy of our book, A Step-by-Step Guide to Will Contest Cases. Our experienced team of lawyers is ready to assist you.