South Dakota Estate Planning
Get your own affairs in order in South Dakota, for yourself or an aging parent. Compare the documents most adults need (a will, a power of attorney, and a healthcare directive), decide whether you need a trust, and see how to keep your estate out of probate.
Which document do I need?
The core documents at a glance. Each row links to its South Dakota guide.
- Will
- A South Dakota will needs two witnesses who sign in the testator's conscious presence, or a handwritten signature and material portions. Read the guide
- Living trust
- A South Dakota trust is irrevocable unless its terms reserve the power to revoke. How to draft, fund and certify a living trust under SDCL Title 55. Read the guide
- Power of attorney
- A South Dakota power of attorney must be notarized and must say it survives incapacity. A conservator's appointment can end it. Read the guide
- Healthcare directive
- A South Dakota advance directive is a health care power of attorney and a living will, each signed before two witnesses or a notary. Read the guide
Planning to prepare the will with an online service? See what South Dakota requires from an online will before you sign anything.
South Dakota estate planning guides
South Dakota Estate Planning Basics
South Dakota estate planning uses four papers: a two-witness will, a notarized power of attorney, a health care directive and a trust.
South Dakota Will Requirements
A South Dakota will needs two witnesses who sign in the testator's conscious presence, or a handwritten signature and material portions.
South Dakota Power of Attorney
A South Dakota power of attorney must be notarized and must say it survives incapacity. A conservator's appointment can end it.
South Dakota Advance Directive and Living Will
A South Dakota advance directive is a health care power of attorney and a living will, each signed before two witnesses or a notary.
South Dakota Guardianship Planning
South Dakota guardianship needs clear and convincing proof, the person may demand a jury, and the $72 filing fee covers the whole case.
South Dakota Revocable Living Trust
A South Dakota trust is irrevocable unless its terms reserve the power to revoke. How to draft, fund and certify a living trust under SDCL Title 55.
South Dakota Trust Administration
How a South Dakota successor trustee runs a trust after a death: the 60-day notice, quiet trusts, creditor notices and accountings.
South Dakota Transfer on Death Deed
A South Dakota transfer on death deed must be recorded before the owner dies. After the death, the beneficiary records an affidavit of confirmation.
South Dakota Pet Trust
South Dakota law makes a trust for the care of a named animal valid under SDCL 55-1-21, enforced by a person you name. Here is how it works.
South Dakota Digital Assets After Death
South Dakota's digital assets act, SDCL chapter 55-19, puts an online tool above a will and gives a custodian 60 days to answer.
Not sure what you need in South Dakota?
Answer a few questions and we'll tell you which estate planning documents to set up first.
Information current as of 2026-06-18
Settled Estate is not a law firm, and this content is for informational purposes only and does not constitute legal advice. Probate laws and procedures in your state can change. Consult with a qualified attorney for advice specific to your situation. Full disclaimer.
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