How to make a Will in South Dakota

A Will is a simple, but important document that helps to leave nothing to chance after death. Let's look at what goes into making a Will in South Dakota.
Let's dive in

First, some of the basics.

Wait, why do I need a Will?
That's a great question - provide peace of mind, control over asset distribution, minimize family disputes, protect your children's future, support cherished charities, to name a few. With Snug, it's also incredibly easy to do, so what are you waiting for?
Read more - 10 reasons to get a Will
How long does probate take in South Dakota?
Probate in South Dakota typically ranges from 6 months to over a year, depending on the estate's complexity. Snug's online estate planning platform simplifies the process by providing a convenient way to create essential documents like wills and trusts. Through Snug's services, clients can minimize potential disputes and delays in the probate process, ensuring a smoother experience for beneficiaries.
How much does a Will cost in South Dakota?
The average cost of a will in South Dakota is between $300 and $1,000, while a trust typically costs between $1,000 and $2,500. Snug offers a cost-effective alternative by providing a user-friendly online platform for creating these essential estate planning documents at a more affordable rate. Our transparent pricing structure allows clients to confidently create their estate plans, knowing they're receiving a great value.
Does a Will need to be notarized in South Dakota?
In South Dakota, a will does not need to be notarized. However, creating a self-proving will can be advantageous. A self-proving will includes a notarized affidavit signed by the testator and witnesses, confirming that the will is genuine and executed according to South Dakota law. This affidavit simplifies the probate process by removing the need for witnesses to testify in court to validate the will.
Who can witness a Will in South Dakota?
In South Dakota, a will must be signed by at least two competent witnesses. Witnesses must be at least 18 years old and of sound mind. Although there are no specific restrictions regarding the relationship between the testator and witnesses, it is generally recommended that witnesses not be beneficiaries of the will to avoid potential conflicts of interest and challenges to the will's validity.

What your South Dakota Will needs to include

People

A Will has a few important roles to be appointed.

1. The testator is the person creating the will. They must be of sound mind and be at least 18 years old.
2. The executor is a trusted individual responsible for administering the estate according to the testator's wishes.
3. The guardian is responsible for any minor children's well-being, including their financial, educational, and emotional needs.

Assets

A Will can control various assets after your death.

1. Personal property can be given to friends and family by including a Personal Property Memorandum.
2. Certain assets like life insurance or a 401(k) can have a designated beneficiary and bypass the Will and probate process.
3. The remaining assets (called the residuary estate) can go to the beneficiaries of your choosing.

Wishes

A Will is home to your wishes and a designed legacy.

1. Preferences for your funeral or memorial service, including things like location, intent, and even music.
2. Plans for your final resting place, including preferences for cremation, burial, or other options.
3. Charities and non-profits can be included to design a lasting legacy for causes that you care most about.

Making a Will the easy way, with Snug

Spouse or partner

Your current marital status will determine the type of documents for your situation and the specific legal language used to protect both you and your family.

Children and descendants

It is important to know if you have children and whether any of your children are under 18 years old. This lets us properly include guardianship and testamentary trust provisions in your documents.

Pets

Pets are an important part of many families and can be protected in your estate plan. You'll be able to assign backup caretakers and include an optional pet stipend.

Money

Choosing your beneficiaries gives purpose to your whole plan. Consider who depends on you financially and who/what you would like your assets to support.

If you choose a minor as a beneficiary, their assets can be held in trust so they can access the funds for important items like education. This prevents the scenario where a court appoints a conservator for the assets.

Gifts

Gifts are an easy way to carve out specific personal items or small amounts of cash to give to friends, family, and charity.

Key roles

Key roles defined within a Last Will & Testament include executors, guardians, pet caretakers, and testamentary trustees, as needed. It is important to included backups, in case any of your primary choices aren't able or willing to help.

Wishes

Your final arrangements are a highly personal topic and it is important to share your preferences with loved ones who can help to ensure your wishes are realized.

Will

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$145

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Package includes:
Lawyer-approved templates and state-specific language
Last Will & Testament to protect your family and assets
Health Care Directive to define your medical wishes
Power of Attorney to get extra financial and legal help when needed
12

min

Average time to setup your first Trust or Will.
5

min

Time needed each year to maintain your estate plan.

Comprehensive guides for you and your loved ones.

Complete Guide to Estate Planning

Estate planning can sound scary and complex, but we're here to help simplify the process and decisions for you and your family.

Complete Guide for Executors

Being an Executor or Personal Representative can be a rewarding, yet challenging role. This guide helps to light the way.

Complete Guide for Trustees

Being a Trustee is a significant legal and operational role. This guide includes everything from taxes to liability to fiduciary duties.