Estate plan
South Dakota
Everything to plan your estate in South Dakota: execution requirements, the documents we generate, statutory citations, and the exact wording our generators insert.
Will
2W
Trust
—
POA
N
HC Directive
2W
E-will
Not adopted
RON
Limited
Since 2019, not all documents
ROW
Some documents
Remote online witnessing
Community property
No
Minimum age
18
Will
S.D. Codified Laws §29A-2-501 et seq.
Witnesses: 2 required
Two witnesses must sign in the conscious presence of the testator after witnessing the testator's signing or acknowledgment of the will or signature. Witnesses may appear in the testator's electronic presence under SDCL §18-8-2 (SL 2022, ch 56, §2). SDCL §29A-2-502(b)
Notarization: Recommended
Not legally required, but recommended for self-proving affidavit
Holographic will: Valid
Handwritten wills without witnesses are recognized in South Dakota
Self-proving affidavit: Available
Allows the will to be admitted to probate without witness testimony
Living Trust
Witnesses: None required
No formal execution requirements beyond settlor signature; notarization strongly recommended when funding real property
Notarization: Recommended
Not legally required for the trust document, but needed to transfer real property
Durable Power of Attorney
Witnesses: None required
No witnesses required for power of attorney
Notarization: Required
Notarization is required for a valid durable power of attorney
State-specific notes
Living Will Declaration
SDCL §34-12D-1 et seq.; sample form at SDCL §34-12D-3
Last verified: 2023-07-01
Witnesses: 2 required, or notary
South Dakota accepts either 2 witnesses or notarization
Notarization: Accepted as alternative
Either two adult witnesses or notarization by a notary public satisfies execution. SDCL §34-12D-2 (as amended by 2023 SD Sess. Laws ch. 115, §1)
State-specific notes
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Affidavit Designating Person to Control Disposition of Remains
Names the agent who controls funeral, burial, or cremation decisions, with optional preferences.
In this state: South Dakota recognizes a statutory Affidavit Designating Person to Control Disposition of Remains; we follow that form. (SDCL §34-26-1 (personal right to direct disposition of body and bodily parts); SDCL §34-26-75 (right and duty to control disposition; statutory priority order — amended by SL 2022 ch. 113, SL 2023 ch. 128, and SL 2023 ch. 129); SDCL §34-26-77 (notarized-affidavit form designating another person to control disposition))
HIPAA Authorization
Stand-alone PHI release that survives death for the period you specify, separate from the in-life authorization in your healthcare directive.
Nomination of Conservator
Pre-nominates the person you want a court to appoint if a conservator (or guardian of the estate) is ever needed.
Business Succession Declaration
Identifies your interests in any closely-held businesses and how they should be transferred or wound down.
Real-Estate Retitling Checklist
Step-by-step instructions for transferring real-property deeds into your trust so the trust actually controls those assets.
Letter of Instruction
Non-binding personal note to your executor and family: where to find documents, account access, funeral wishes, and other practical guidance.
Free vs. Plus
Electronic will status
South Dakota has not adopted electronic will legislation. A traditional paper will with physical signatures is required.
Digital assets access
South Dakota has adopted RUFADAA (2017). This is the Revised Uniform Fiduciary Access to Digital Assets Act, which lets your executor, trustee, or agent access your email, social media, cryptocurrency wallets, cloud storage, and other digital accounts after death or incapacity.
To take advantage of RUFADAA, your will, trust, or power of attorney must explicitly grant authority to access digital assets. Without explicit authorization, service providers can deny access even to a court-appointed executor.
Remote online notarization (RON)
South Dakota authorized RON in 2019.
Will
Not allowed
Trust
Not allowed
POA
Allowed
Remote online witnessing (ROW)
South Dakota allows remote online witnessing for some estate planning documents. Witnesses can observe your signing over a live video call instead of being physically present. SDCL §18-8-2 (SL 2022, ch 56, §2) authorizes witnesses to sign in the testator's electronic presence for non-holographic wills. SDCL §18-8-3 (SL 2022, ch 56, §3) authorizes the same for SDCL §34-12D-2 living will declarations.
Will
Allowed
Trust
Not allowed
POA
Not allowed
HC Directive
Allowed
Last reviewed: May 12, 2026.
This information is general in nature and not legal advice. Laws change. Consult a licensed estate planning attorney in South Dakota for guidance specific to your situation.
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