Is An Online Will Legally Valid in South Dakota?
South Dakota doesn't penalize a will for being drafted online, but it does have rules about what happens next. Here's what to know.
FeedingBird guides you through the details, one step at a time.
What Makes an Online Will Legally Valid in South Dakota?
Online wills are legal in South Dakota, but electronic wills aren't part of the state's framework, so the document must be printed on paper. A valid online will must be signed by the person stating their wishes (the testator) and signed by two witnesses at least 18 years old. You do not need notarization unless you want to make the will self proving, which can help limit delays in probate later down the line.
South Dakota recognizes holographic or handwritten wills, and unlike some states, it doesn't require any witnesses for one; the will is valid as long as the signature and material portions are in the testator's own handwriting.
What You Need to Know about Online Wills in South Dakota
South Dakota Property Laws
Estate laws are fraught with complexity and there are nuances and difference between states. If you'd like to avoid a long and potentially overwhelming legal process, make sure your online will is structured appropriately.
South Dakota is a common law property state. This means ownership passes to whoever is named on the title, deed, or account, if no exceptions apply.
South Dakota Probate
All wills go through probate in South Dakota unless the total gross value of probate assets is $50,000 or less. If it does, you may qualify for a small estate affidavit. Otherwise, you might want to consider a trust to stay out of probate. South Dakota has no state estate or inheritance tax, and it's widely known as one of the more tax-friendly states in the country.
Avoiding Probate in South Dakota
- Choose a revocable living trust to avoid probate and name specifically who inherits what from your estate.
- Name beneficiary designations on financial and retirement accounts to make your wishes known about who you want to inherit on your death.
- Set up joint ownership with right of survivorship. This will allows your spouse or someone else to inherit automatically at the time of your death.
Want to learn more about trusts in South Dakota? Find out what you need to build your trust.
