South Dakota Legal

It must be in writing. Generally, of course, wills are composed on a computer and printed out. The person who made it must have signed and dated it. A will must be signed and dated by the person who made it. Two adult witnesses must have signed it. Witnesses are crucial.

Fraud or Undue Influence A nonfamily caregiver forcing the testator to leave them an inheritance. A family member getting the testator to sign a will by pretending it is just a general legal document that needs a signature.

For a will to be valid, the testator must be of sound mind. Generally, this means that the testator must be an adult, 18 or older, and be conscious and aware of what they are doing. Some states also require that the testator have an understanding of the disposition of the assets in the document.

No. You can make your own will in South Dakota, using Nolo's do-it-yourself will software or online will programs. However, you may want to consult a lawyer in some situations. For example, if you think that your will might be contested or if you want to disinherit your spouse, you should talk with an attorney.

Property in a living trust. One of the ways to avoid probate is to set up a living trust. Retirement plan proceeds, including money from a pension, IRA, or 401(k) Stocks and bonds held in beneficiary. Proceeds from a payable-on-death bank account.

To be valid, a will must be signed by the testator.In addition to the testator's signature, most states also require the signatures of two witnesses who are at least 18 years old and who witness the testator signing the will; some states require three witnesses.

A will can also be declared invalid if someone proves in court that it was procured by undue influence. This usually involves some evil-doer who occupies a position of trust -- for example, a caregiver or adult child -- manipulating a vulnerable person to leave all, or most, of his property to the manipulator instead

Is Probate Required in South Dakota? Probate is usually considered necessary in South Dakota to distribute the assets to the heirs.

Age: The testator must be at least 18 years old. Capacity: The testator must be of sound mind. Signature: The will must be signed by the testator or by someone else in the testator's name in his conscious presence, by his direction.