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Making a Last Will and Testament in South Dakota
A South Dakota Last Will and Testament (a "Will") is a legal document that outlines your preferences in relation to asset distribution after death, such as who will inherit your money, your home, or your personal belongings.
The person making a Will is known as the "testator," while the people or entities being appointed to oversee the testator's estate after death are known as "executors." Suitable for South Dakota residents, this free Last Will and Testament is made for use in Minnehaha County, Pennington County, Lincoln County, and in every other county or municipality across the state. Any South Dakota Will from Rocket Lawyer can be fully customized for your unique circumstances. This essential legal document provides a record of your preferences.
It is quick and easy to set forth your wishes using a free South Dakota Last Will and Testament template from Rocket Lawyer:
This route is, in many cases, much less expensive and less time-consuming than finding and working with the average attorney. If needed, you may start a Last Will and Testament on behalf of your spouse or another family member, and then have them sign it when ready. Please note that for a Will to be considered legally valid, the testator must be a mentally competent adult when they sign. If the testator has already been declared incompetent, a conservatorship might be required. When dealing with this scenario, it would be best for you to talk to an attorney.
If you are over 18 years old, you should have a Last Will and Testament. While it can be painful to acknowledge, your loved ones will need to know your wishes for guardianship (when applicable), your property, and/or assets should you pass away. Common situations in which you may find it helpful to make or update your Will include:
Whether your South Dakota Last Will and Testament has been prepared as part of a long-term plan or created as a result of a recent change in your life, notarization and/or witnesses are strongly recommended as a best practice for protecting your document if anyone doubts its legitimacy.
Writing a Will is normally simple to do, but you or your executor could need advice. Finding a legal professional to look over your document could take a long time on your own. An alternate approach would be via attorney services at Rocket Lawyer. Rocket Lawyer members can request guidance from an attorney with relevant experience or send additional questions. As always, you can be confident that Rocket Lawyer is here by your side.
The fees associated with working with a traditional lawyer to make a Last Will and Testament might be anywhere from two hundred to one thousand dollars, depending on where you are. When using Rocket Lawyer, you are not just filling out a Last Will and Testament template. If you ever need help from a lawyer, your membership provides up to 40% in savings when you hire an attorney.
After completing this document, you will be able to open it anytime, anywhere. With a membership, you may make edits, save it as a Word or PDF file, and/or sign it. Alongside your South Dakota Will, there is a set of proposed steps to take to finalize your document. Even if you decide to make copies, take care to store the original signed document in a secure location where it can't get wet or otherwise damaged. It is critical that your loved ones know where to find it after your passing.
The guidelines and restrictions will vary in each state; however, in South Dakota, your Will needs the signatures of two witnesses. As a basic principle, your witnesses must be mentally competent individuals. Furthermore, it is highly encouraged that your Last Will and Testament be acknowledged by a notary public in order to reinforce its authenticity.
Legal references for a Will in South Dakota: Title 29a, Ch. 2
A Last Will does not need to be filed until the testator has passed away. Filing the Will (alongside any other forms needed by the county) allows for probate to start.