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South Dakota Last Will and Testament Template

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The South Dakota Last Will and Testament is a legal document that is written by a testator which would clearly state how they would wish their estate to be distributed upon their death. This document would allow the continuation of financial protection for their immediate and/or extended families, as well, would provide possible personal property, real property, fiduciary and other types of available assets to other beneficiaries they may wish to provide to others. As the testator completes the document, it must then be signed not only by two witnesses but then again by a state notary public. The testator is welcome to change or revoke this document at any time.

Definition – § 29A-1-201(52)

LawsChapter 29A-1 (South Dakota Uniform Probate Code)

How to Write

Step 1 – The testator of this document may be established by placing their name in the first line at the top of the document. This should be followed by:

  • Provision of the testator’s name
  • City and County testator’s residence
  • Review of the remainder of the paragraph
  • Review of  “Expenses and Taxes”

Step 2 – Appointment of an Executor by entering:

  • Name the testator’s chosen representative
  • Name of their City and county
  • Residential State

In selecting an alternate executor, this will secure a second trusted representative to execute the testator’s estate in the manor in which they have chosen. This would be necessary should the initially selected executor, for any reason becomes unable or unwilling to execute the will in the manor in which the testator has stated- Testator must enter:

  • The name of the second representative
  • City
  • County
  • Alternate representative’s state

Step 3 – Disposition of Property to Beneficiaries:

Beneficiaries – Enter the following information:

  • The beneficiary’s name
  • An address for all named beneficiaries
  • Provide the relationship to the testator
  • Provide last four digits of the SSN for all persons named as a beneficiary
  • Descriptions of property that the testator shall provide respectively

Step 4 – Review all titled sections:

  • Omission
  • Bond
  • Discretionary Powers of Personal Representative
  • Contesting Beneficiary
  • Guardian Ad Litem  Not Required
  • Gender
  • Assignment
  • Governing Law
  • Binding Arrangement

Step 5 – Signatures – All person(s) who shall serve as a signatory must be present to one to another in order to sign the document. Provide:

  • The name of the testator
  • A date must be entered for the testator’s signature in dd/mm/yyyy format
  • The Testator’s own signature
  • Print the name of the testator

Witnesses – Witnesses should read the brief statement –

  • Date the signatures – dd/mm/yyyy
  • Name the testator

Witness 1 – 

  • Signature
  • Physical Address

Witness 2 –

  • Signature
  • Physical Address

Step 6 – Affidavit of Testament – All parties must review, then enter:

  •  Residential State
  • Residential County
  • Testator’s name
  • Name of the 1st witness
  • Name of the 2nd witness
  • AND
  • Signature of testator
  • Signature for 1st Witness
  • Signature for 2nd Witness

Step 7 – Notary – As the testator completes the document, all signatures shall be witnessed and acknowledge by a state notary public

 


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