Is an Online Will Legal in South Dakota?

You can prepare a South Dakota will online and it will be valid, because SDCL § 29A-2-502 says nothing about who drafted the document or what it was drafted with. What you cannot do is finish it online. The signing is a paper event: print it, sign it, and have two people sign in your conscious presence who watched you sign or heard you acknowledge the signature.

Published: August 16, 2026Statutes verified: September 27, 2026

The Answer at a Glance

Prepare the will online

Valid

Whether a will drafted with online software can become a valid South Dakota will.

Sign it fully remotely

Paper signing

Whether South Dakota recognizes an electronic will executed without an in-person paper signing.

What this means for you

The signing step is where online services get South Dakota wrong. SDCL § 53-12-3(1) takes wills out of the state's electronic-transactions act, and § 55-1A-35.1(1) lets a trust be signed electronically but not a will, so an electronically signed will is not a South Dakota will. Both witnesses must sign in your conscious presence, not later and not elsewhere. A notary is optional and adds nothing to validity: what it buys is the § 29A-2-504 self-proved will, which spares the witnesses at probate, and it can be added at the signing or any time after. Interested witnesses do not endanger a South Dakota will or their gift (§ 29A-2-505(b)). South Dakota does have a harmless-error rule (§ 29A-2-503), but it runs through a court hearing on clear and convincing evidence, so follow the formalities exactly. An entirely handwritten will also works under § 29A-2-502(a) if the signature and the material portions are in your own handwriting.

What South Dakota Law Requires

The governing law is SDCL Title 29A, Chapter 2, Part 5 (Wills, Will Contracts, and Custody and Deposit of Wills), §§ 29A-2-501 to 29A-2-517. Each rule below links to the official source it was read from.

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Requirement	The South Dakota rule	Statute
Who can make a will	Age 18 or older, Sound mind.	SDCL § 29A-2-501
Written document	Required.	SDCL § 29A-2-502
Signature	The testator signs. The will may be signed in the testator's name by some other individual in the testator's CONSCIOUS PRESENCE and by the testator's direction (SDCL § 29A-2-502(b)(2)).	SDCL § 29A-2-502
Witnesses	2. The will must be signed in the CONSCIOUS PRESENCE of the testator by two or more individuals who, in the conscious presence of the testator, witnessed either the signing of the will or the testator's acknowledgment of that signature (SDCL § 29A-2-502(b)(3)).	SDCL §§ 29A-2-502 and 29A-2-505
Notarization	Not required for validity. A self-proving affidavit is optional and speeds probate.	SDCL § 29A-2-504

Signing Day in South Dakota

The will must be signed in the CONSCIOUS PRESENCE of the testator by two or more individuals who, in the conscious presence of the testator, witnessed either the signing of the will or the testator's acknowledgment of that signature (SDCL § 29A-2-502(b)(3)).

South Dakota's presence rule is stricter than the uniform act's original text in one respect: both the witnessing AND the witnesses' own signing must happen in the testator's conscious presence. It does not require the witnesses to sign in each other's presence. § 29A-2-505(a): an individual generally competent to be a witness may act as a witness to a will; the section sets no minimum age. The code does not define conscious presence, and no South Dakota statute says whether a video connection satisfies it.

The self-proving step worth adding

The statutory form has the testator swear to being eighteen or older and the witnesses swear that they signed in the presence and hearing of the testator. § 29A-2-504(c): a signature affixed to a self-proving affidavit attached to a will is considered a signature affixed to the will, if necessary to prove the will's due execution. Timing: Either at execution, under SDCL § 29A-2-504(a), or at any time after execution for an attested will, under § 29A-2-504(b).

Choose witnesses carefully

None. SDCL § 29A-2-505(b): the signing of a will by an interested witness does not invalidate the will or any provision of it. South Dakota carries no purging or intestate-share cap on a beneficiary-witness's gift.

Shortcuts South Dakota Does and Does Not Recognize

Handwritten (holographic) wills

Yes

SDCL § 29A-2-502(a): a will is valid as a holographic will, whether or not witnessed, if the SIGNATURE and MATERIAL PORTIONS of the document are in the testator's handwriting. There is no date requirement. § 29A-2-502(c): intent that the document be the testator's will can be established by extrinsic evidence, including, for a holographic will, portions of the document that are not in the testator's handwriting.

The 1990 uniform act's 'material portions' test, not the older 'material provisions' one, so a preprinted form completed by hand can qualify if the dispositive words are handwritten. A typed, unwitnessed will fails § 29A-2-502 and is not a holographic will, though § 29A-2-503 may still rescue it on clear and convincing evidence of intent. (SDCL § 29A-2-502)

Oral wills

SOUTH DAKOTA HAS NO NUNCUPATIVE OR ORAL WILL. SDCL § 29A-2-502 recognizes two forms only, a handwritten holographic will under (a) and a will 'in writing' signed and witnessed under (b), and the § 29A-2-503 rescue applies to a 'document or writing'. The Title 29A section index was enumerated in full on 2026-09-27 and no catchline contains 'nuncupative' or 'oral'. A deathbed instruction to a family member has no testamentary effect in South Dakota. (SDCL § 29A-2-502)

Electronic wills

South Dakota has NOT adopted the Uniform Electronic Wills Act or any equivalent, and the negative is sourced from two directions rather than inferred from silence. FIRST, the Uniform Electronic Transactions Act carves wills out of its own reach: SDCL § 53-12-3(1) provides that chapter 53-12 does not apply to a transaction to the extent it is governed by the Uniform Probate Code or other law governing the creation and execution of wills, codicils, or testamentary trusts. SECOND, when the Legislature allowed trust documents to be signed electronically, it expressly left wills out: SDCL § 55-1A-35.1(1) (SL 2023, ch 161) permits electronic execution of the governing instrument of an express trust 'or other document, other than a will or codicil as defined in title 29A', and the version of that section effective July 1, 2027 keeps the same exclusion. The will sections of chapter 29A-2 run from § 29A-2-501 to § 29A-2-517 and none mentions electronic execution. The § 29A-2-503 harmless-error rule could in principle be argued for a defective document, but it requires clear and convincing evidence at a court hearing and is not an execution route. (SDCL § 53-12-3(1); SDCL § 55-1A-35.1(1))

Remote witnessing: not recognized. None. South Dakota publishes no remote-witnessing route for a will. SDCL § 29A-2-502(b)(3) requires the witnesses to sign in the testator's conscious presence, having witnessed the signing or acknowledgment in that presence, and neither chapter 29A-2 nor any other section read defines conscious presence to include an audio-video connection.

A Will Signed in Another State

SDCL § 29A-2-506: a WRITTEN will is valid if executed in compliance with § 29A-2-502 or § 29A-2-503, or if its execution complies with the law, at the time of execution, of the jurisdiction where the will is executed, or of the jurisdiction where, at execution or at death, the testator is domiciled, has a place of abode, or is a national. (SDCL § 29A-2-506)

Keep Going

The full South Dakota will-requirements guide covers capacity, revocation, and what happens when formalities fail.
South Dakota estate planning sets the will beside the other documents a complete plan needs.
A South Dakota revocable living trust is the main alternative when avoiding probate is the goal.
How every state answers the online-will question puts South Dakota's rules beside the other 36 states, and our scored will-maker comparison shows which products explain the signing steps best.

Frequently Asked Questions

Can I make my will online in South Dakota?

Does a South Dakota will need to be notarized?

No. Notarization is not required for a valid South Dakota will. The optional self-proving step under SDCL § 29A-2-504 makes probate easier: The statutory form has the testator swear to being eighteen or older and the witnesses swear that they signed in the presence and hearing of the testator. § 29A-2-504(c): a signature affixed to a self-proving affidavit attached to a will is considered a signature affixed to the will, if necessary to prove the will's due execution.

How many witnesses does a South Dakota will need?

2. The will must be signed in the CONSCIOUS PRESENCE of the testator by two or more individuals who, in the conscious presence of the testator, witnessed either the signing of the will or the testator's acknowledgment of that signature (SDCL § 29A-2-502(b)(3)). (SDCL §§ 29A-2-502 and 29A-2-505)

Are handwritten (holographic) wills valid in South Dakota?

Yes. SDCL § 29A-2-502(a): a will is valid as a holographic will, whether or not witnessed, if the SIGNATURE and MATERIAL PORTIONS of the document are in the testator's handwriting. There is no date requirement. § 29A-2-502(c): intent that the document be the testator's will can be established by extrinsic evidence, including, for a holographic will, portions of the document that are not in the testator's handwriting. The 1990 uniform act's 'material portions' test, not the older 'material provisions' one, so a preprinted form completed by hand can qualify if the dispositive words are handwritten. A typed, unwitnessed will fails § 29A-2-502 and is not a holographic will, though § 29A-2-503 may still rescue it on clear and convincing evidence of intent. (SDCL § 29A-2-502)

Are electronic wills legal in South Dakota?

No. South Dakota has NOT adopted the Uniform Electronic Wills Act or any equivalent, and the negative is sourced from two directions rather than inferred from silence. FIRST, the Uniform Electronic Transactions Act carves wills out of its own reach: SDCL § 53-12-3(1) provides that chapter 53-12 does not apply to a transaction to the extent it is governed by the Uniform Probate Code or other law governing the creation and execution of wills, codicils, or testamentary trusts. SECOND, when the Legislature allowed trust documents to be signed electronically, it expressly left wills out: SDCL § 55-1A-35.1(1) (SL 2023, ch 161) permits electronic execution of the governing instrument of an express trust 'or other document, other than a will or codicil as defined in title 29A', and the version of that section effective July 1, 2027 keeps the same exclusion. The will sections of chapter 29A-2 run from § 29A-2-501 to § 29A-2-517 and none mentions electronic execution. The § 29A-2-503 harmless-error rule could in principle be argued for a defective document, but it requires clear and convincing evidence at a court hearing and is not an execution route. (SDCL § 53-12-3(1); SDCL § 55-1A-35.1(1))

Is a will made in another state valid in South Dakota?

Generally yes, within the statute’s terms. SDCL § 29A-2-506: a WRITTEN will is valid if executed in compliance with § 29A-2-502 or § 29A-2-503, or if its execution complies with the law, at the time of execution, of the jurisdiction where the will is executed, or of the jurisdiction where, at execution or at death, the testator is domiciled, has a place of abode, or is a national. (SDCL § 29A-2-506)

SourcesOfficial references used for this page

Verified against SDCL Title 29A, Chapter 2, Part 5 (Wills, Will Contracts, and Custody and Deposit of Wills), §§ 29A-2-501 to 29A-2-517 on September 27, 2026

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 South Dakota can change. Consult with a qualified attorney for advice specific to your situation. Full disclaimer.

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