Knowledge & Resources
Wills and estate planning
What a will does, how to write one, and what your state requires for it to count.
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Wills and estate planning
What a will does, how to write one, and what your state requires for it to count.
South Dakota puts holographic wills first in its execution statute: a handwritten will is valid whether or not anyone witnessed it.
A South Dakota will that is not valid as a holographic will must be in writing, signed by the testator or in the testator's name by another individual in their conscious presence and at their direction, and signed by witnesses as the statute requires.
S.D.C.L. § 29A-2-502(b)
No. Section 29A-2-502 requires witnesses for a will that is not holographic, not a notary, and notarizing a South Dakota will does not substitute for them. A notary appears only in a separate self-proving affidavit.
S.D.C.L. § 29A-2-502
Yes, and South Dakota leads with it. A will is valid as a holographic will, whether or not witnessed, if the signature and the material portions of the document are in the testator's handwriting.
S.D.C.L. § 29A-2-502(a)
SDCL § 29A-2-502 (Holographic will--Validity of non-holographic will--Establishing intent). A non-holographic will must be in writing, signed by the testator (or in the testator's name in their conscious presence and by their direction), and signed in the conscious presence of the testator by two or more individuals who witnessed either the signing or the testator's acknowledgment of that signature. A will in the testator's own handwriting is valid whether or not witnessed.
Links last checked 2026-08-25.
This is general information about the law, not legal advice, and it has not been reviewed by an attorney licensed in South Dakota. Requirements change. Confirm the current rules for your state before you sign.
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