Signing A Will
SDCL § 29A-2-502 — in writing, signed, and two witnesses, or a holographic will in the person's own hand
An individual eighteen or more years of age who is of sound mind may make a will.
- In writing.
- Signed by the person making it, or by another in their conscious presence and at their direction.
- Signed by two or more witnesses who saw the signing or the acknowledgment of it, in the person's conscious presence.
In one's own hand. A will is valid as a holographic will, witnessed or not, if the signature and the material portions are in the person's own handwriting.
Anyone generally competent to be a witness may witness a will, and a witness who takes under it does not invalidate it.
A particular will is a question for a licensed South Dakota attorney.
Sources for this section (3)
- SDCL § 29A-2-501 — Who may make a will
- SDCL § 29A-2-502 — Holographic will; Validity of non-holographic will; Establishing intent
- SDCL § 29A-2-505 — Who may witness
Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed South Dakota attorney.