SOUTH DAKOTA WILL INSTRUCTIONS
Single with Adult Children
U.S. Legal Forms, Inc.
http://www.uslegalforms.com
1. This will is designed to be completed on your computer. To do so, use
your mouse and click on each field which will be highlighted in gray. This will replace
the gray with the words you type.
Example: _____________________________[1] will become JOHN DOE.
If you ordered and received this Will in hard copy, you may also use these instructions
to complete the will, leaving the reference numbers, and placing the names, etc you
desire next to the field numbers.
2. The Will contains Articles which cover various matters. The information below
is designed to assist you in completing the fields contained in the articles of the Will.
3. Article / Field Completion Instructions
Field [1] - Your name.
Field [2] - Your name
Field [3] - Your County of Residence.
ARTICLE ONE
Field [4] - Omitted.
Fields [5] – [10] Type the names and birth dates of all children.
ARTICLE THREE
This article is for you to specify specific property to go to a specific person. If you
do not leave any, type none and delete the fields.
Field [11] - Type name.
Field [12] - Type street address.
Field [13] - Additional Address line.
Field [14] - City, State, Zip.
Field [15] - Relationship.
Field [16] - Describe the property to go to this person.
Field [17] - Type name.
Field [18] - Type street address.
Field [19] - Additional Address line.
Field [20] - City, State, Zip.
Field [21] - Relationship.
Field [22] - Describe the property
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Field [23] - Type name.
Field [24] - Type street address.
Field [25] - Additional Address line.
Field [26] - City, State, Zip.
Field [27] - Relationship.
Field [28] - Describe the property
ARTICLE FOUR
This article is for you to leave your homestead, if you have one on the date of
death to persons designated.
Field [29] Type name(s) of child(ren) to receive homestead.
Field [30] – [31] Omitted
Note: If your home is jointly owned with another and held as joint tenants with
rights of survivorship, the home will pass to the survivor and will not be controlled by
your will. If this is the case, name the joint tenant in field 29.
ARTICLE FIVE
This article is for you to leave all the rest and remainder of your property except
your homestead and any special items you listed in Article Three.
Field [32] - Type name(s) of child(ren) to receive all other
property.
Field [33] – [34] Omitted
ARTICLE SIX
This article is for you to name your personal representative. This must be an
adult and can be the person with whom you live.
Field [35] - Type name of Personal Representative.
Field [36] - Type name of successor Personal Representative.
ARTICLE TEN
All parts of Article 10 are optional. Complete as desired. Be sure to write your
initials for any of these items you desire to apply.
Field [37] - Type name of Cemetery.
Field [38] - Type County.
Field [39] - Type State.
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ENDING AND SIGNATURE
Field [40] - Your name.
Field [41] - Your name.
Field [42] - Your name.
Field [43] - Your name.
Field [44] - Your name.
Field [45] - Your name.
Field [46] - Your name.
All other blanks in the Will are typically completed by hand, such as the names of
the witnesses, day, month and year executed, etc.
Once you have completed the Will, double check all entries and then print. The
Will should be signed by you in front of two witnesses, not related to you. Please sign
all pages of the Will in the places designated.
The self-proving affidavit is used to prove the Will and make the Will subject to
probate. If the affidavit is not completed now, someone will have to locate the
witnesses after your death and obtain an affidavit. Therefore, it is best to sign the Will in
the presence of two witnesses AND a notary public so that the affidavit can be
completed by the Notary.
You should keep your Will in a safe place once executed. It is also
recommended that you give a copy to your executor or other person as additional proof
of execution.
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ADDITIONAL INFORMATION ABOUT YOUR WILL FORM
This section will briefly explain some of the articles of your will and provide other
information. Articles of the Will which are basically self explanatory are not discussed
here. In addition, information which is already provided in the instructions above is not
repeated.
First Paragraph: The first paragraph of the Will, provides your name,
residence information and provides that all prior Wills, if any, are revoked since you
have now made a new Will.
Article Three: Some people have specific property that they desire to leave
to a specific person, such as a ring or antique. This Article is for you to leave such
property. You do not have to name specific property and may simply state none if no
property is to be left under this Article.
Article Six: This Article is for you to name a personal representative, also
called executor or executrix. The person named should be an adult.
Article Seven: If not waived, some Courts will require your Personal
Representative post a bond, and file an inventory, accounting and/or appraisal. All can
be costly and time consuming. This Article states your intention that your Personal
Representative not be required to post a bond or file an inventory or accounting.
Article Eight: This Article sets forth powers of your Personal
Representative and is designed to give broad powers without the requirement that Court
approval be sought for action by the Representative to the extent permitted by the laws
of your State.
Article Nine: This article sets forth some legal construction intentions to clarify
some of the issues which may arise.
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BASIC INFORMATION
What is a Will? A Will is a document
which provides who is to receive your
property at death, who will administer your
estate, the appointment of trustees and
guardians, if applicable, and other
provisions.
Who may make a Will? Generally, any
person 18 years or older of sound mind
may make a Will. (Some states allow
persons under 18 to make a Will)
What happens if I die without a Will? If
you die without a will you are an intestate.
In such a case, state laws govern who
receives your property. These laws are
called "intestate succession laws". If you
die without a Will, the Court decides who
will administer your estate. Generally, it is
more expensive to administer an estate of
a person who died without a Will, than a
person who dies with a Will.
General
When making a Will you need to consider
who will be named as your personal
representative or executor to administer
your estate, who you will name as guardian
and trustee of minor children if your spouse
does not survive you and who will receive
your property. You should also consider
tax issues. The person appointed as
executor or administrator is often your
spouse, but you should also name an
alternate, in case your spouse
predeceases you. The person you name
should be a person you can trust and who
will get along with the beneficiaries named
in the Will.
In the event your spouse predeceases you,
the guardian you name will have actual
custody of your minor children unless a
court appoints someone else. The trustee
you appoint to administer a trust you
established will be in charge of the assets
of the trust for the benefit of the minor
beneficiaries.
Generally, a Will must be signed in the
presence of at least two witnesses (three
for Vermont) who also sign the Will. A
notary public will also need to sign if the
Will contains a self-proving affidavit.
Generally, a self-proving affidavit allows
the Will to be admitted to probate without other evidence of execution.
Joint Property: Many people do not
understand that joint property may pass
outside your Will and also sometimes
assume that it will pass through their Will.
They do not understand the significance of
joint ownership. The issue is common in
the following areas, provided as examples:
(a) Real Estate: Often, a husband
and wife will own real estate as joint
tenants with rights of survivorship. If one
party dies, the surviving party receives the
property regardless of what the Will
provides. This is common and generally
acceptable. However, if this is not your
desire you should change the ownership of
the property to tenants in common or other
form of ownership. If you own real estate
as tenants in common, then you may
designate who will receive your share of
the property at your death. This issue can
be a problem when uninformed persons
take title to real estate as joint tenants with
rights of survivorship but really intended to
leave their share to, for example, children
of a prior marriage.
(b) Bank Accounts/Certificates of
Deposit, Stock, Retirement Plans, IRA’s
and other type Property: The same
ownership as real estate can be made of
these investments. In fact, many Banks
routinely place Bank accounts and
Certificates of Deposit in the joint tenant
with right of survivorship form of ownership
if more than one person is on the account
or CD, without advising you of the
consequence of same. In situations where
the persons are husband and wife and
there is no issue or concern over divorce or
children from previous marriages, this may
be the best course of action. However,
with divorce on the rise, premarital
agreements and multiple marriages being
common, the parties may be doing
something that was not their intent.
Another common problematic situation is
where a parent has more than one child
but only one child resides in the home town
of the parent. The parent may place the
name of the child who resides there on all
accounts, CD’s and other investments for
convenience reasons and establish a joint
tenant with right of survivorship situation
without realizing that only that child will be
entitled to those assets at the parent’s
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death. Simply put, you should be aware
when you acquire an asset or investment exactly how it is titled.
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For additional information, see the Law Summary and Information and Preview links in
the search results for this form. A Definitions section is also linked on the Information
and Preview page.
DISCLAIMER/LICENSE/LIABILITY LIMITATION
All forms in this package are provided without any warranty, express or implied, as
to their legal efect and completeness. Please use at your own risk. If you have a
serious legal problem we suggest that you consult an attorney. U.S. Legal Forms,
Inc. does not provide legal advice. The products ofered by U.S. Legal Forms (USLF)
are not a substitute for the advice of an attorney.
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LAST WILL AND TESTAMENT OF
___________________________________[1]
BE IT KNOWN THIS DAY THAT,
I, _____________________________[2] , of __________________[3] County, South
Dakota, being of legal age and of sound and disposing mind and memory, and not acting under
duress, menace, fraud, or undue influence of any person, do make, declare and publish this to
be my Will and hereby revoke any Will or Codicil I may have made.
ARTICLE ONE
Marriage and Children
I am single (not married) and have the following adult children:
Name: _____________________________[5] Date of Birth: __________________[6]
Name: _____________________________[7] Date of Birth: __________________[8]
Name: _____________________________[9] Date of Birth: _________________[10]
ARTICLE TWO
Debts and Expenses
I direct my Personal Representative to pay all costs and expenses of my last illness and
funeral expenses. I further direct my Personal Representative to pay all of my just debts that
may be probated, registered and allowed against my estate. However, this provision shall not
extend the statute of limitations for the payment of debts, or enlarge upon my legal obligation or
any statutory duty of my Personal Representative to pay debts.
ARTICLE THREE
Specific Bequests of Real and/or Personal Property
I will, give and bequeath unto the persons named below, if he or she survives me, the
Property described below:
Name Address Relationship
[11] [12]
[13]
[14] [15]
Property: [16]
Name Address Relationship
[17] [18]
[19]
[20] [21]
Property: [22]
Signed by Testator/Testatrix : __________________________________ - 1 -
Name Address Relationship
[23] [24]
[25]
[26] [27]
Property: [28]
In the event I name a person in this Article and said person predeceases me, the
bequest to such person shall lapse and the property shall pass under the other provisions of this
Will. In the event that I do not possess or own any property listed above on the date of my
death, the bequest of that property shall lapse.
ARTICLE FOUR
Homestead or Primary Residence
I Will, devise and bequeath all my interest in my homestead or primary residence, if I own a
homestead or primary residence on the date of my death that passes through this Will, to my
child(ren), ___________________________________________[29] If I have and name more
than one child, they are to receive the property, equally, per stirpes.
ARTICLE FIVE
All Remaining Property – Residuary Clause
I will, devise, bequeath and give all the rest and remainder of my property and estate of
every kind and character, including, but not limited to, real and personal property in which I may
have an interest at the date of my death and which is not otherwise effectively disposed of, to
My Children, ___________________________________________[32] , If I have and name
more than one child, they are to receive the property, equally, per stirpes.
ARTICLE SIX
Appointment of Personal Representative, Executor or Executrix
I hereby appoint _____________________________[35] , as Personal Representative of
my estate and this Will. In the event my Personal Representative shall predecease me, or, for
any reason, shall fail to qualify or cease to act as my Personal Representative, then I hereby
appoint _____________________________[36] to serve as successor Personal Representative
of my estate and Will.
The term “Personal Representative”, as used in this Will, shall be deemed to mean and
include “Personal Representative”, “Executor” or “Executrix”.
ARTICLE SEVEN
Waiver of Bond, Inventory, Accounting, Reporting and Approval
My Personal Representative and successor Personal Representative shall serve without
any bond, and I hereby waive the necessity of preparing or filing any inventory, accounting,
appraisal, reporting, approvals or final appraisement of my estate.
Signed by Testator/Testatrix : __________________________________ - 2 -
ARTICLE EIGHT
Powers of Personal Representative, Executor and Executrix
I direct that my Personal Representative shall have broad discretion in the administration
of my Estate, without the necessity of Court approval. I grant unto my Personal Representative,
all powers that are allowed to be exercised by Personal Representatives by the laws of the
State of South Dakota and to the extent not prohibited by the laws of South Dakota, the
following additional powers:
1. To exercise all of the powers, rights and discretions granted by virtue of any
"Uniform Trustees' Powers Law," and/or “Probate Code” adopted by the State of South Dakota.
2. To compromise claims and to abandon property which, in my Executor’s opinion
is of little or no value.
3. To purchase or otherwise acquire and to retain any and all stocks, bonds, notes
or other securities, or shares or interests in investment trusts and common trust funds, or in any
other property, real, personal or mixed, as my Personal Representative may deem advisable,
whether or not such investments or property be of the character permissible by fiduciaries,
without being liable to any person for such retention or investment.
4. To settle, adjust, dissolve, windup or continue any partnership or other entity in
which I may own a partnership or equity interest at the time of my death, subject, however, to
the terms of any partnership or other agreement to which I am a party at the time of my death. I
authorize my Personal Representative to continue in any partnership or other entity for such
periods and upon such terms as they shall determine. My Personal Representative shall not be
disqualified by reason of being a partner, equity owner or title holder in such firm from
participating on behalf of my estate in any dealings herein authorized to be carried on between
my Personal Representative and the partners or equity owners of any such partnership or other
entity.
5. To lease, sale, or offer on a lease purchase, any real or personal property for such
time and upon such terms and conditions in such manner as may be deemed advisable by my
Personal Representative, all without court approval.
6. To sell, exchange, assign, transfer and convey any security or property, real or
personal, held in my estate, or in any trust, at public or private sale, at such time and price and
upon such terms and conditions (including credit) as my Personal Representative may deem
advisable and for the best interest of my estate, or any trust. I hereby waive any requirement of
issuing summons, giving notice of any hearing, conducting or holding any such hearing, filing
bond or other security, or in any way obtaining court authority or approval for any such sale,
exchange, assignment, transfer or conveyance of any real or personal property.
7. To pay all necessary expenses of administering the estate and any trust
including taxes, trustees' fees, fees for the services of accountants, agents and attorneys, and
to reimburse said parties for expenses incurred on behalf of the estate or any trust hereunder.
8. Unless otherwise specifically provided, to make distributions (including the
satisfaction of any pecuniary bequest) in cash or in specific property, real or personal, or in an
undivided interest therein, or partly in cash and partly in other property, and to do so with or
without regard to the income tax basis of specific property allocated to any beneficiary and
Signed by Testator/Testatrix : __________________________________ - 3 -
without making pro rata distributions of specific assets.
9. To determine what is principal and what is income with respect to all receipts and
disbursements; to establish and maintain reserves for depreciation, depletion, obsolescence,
taxes, insurance premiums, and any other purpose deemed necessary and proper by them and
to partite and to distribute property of the estate or trust in kind or in undivided interests, and to
determine the value of such property.
10. To participate in any plan of reorganization, consolidation, dissolution,
redemption, or similar proceedings involving assets comprising my estate or any trust created
hereunder, and to deposit or withdraw securities under any such proceedings.
11. To perform such acts, to participate in such proceedings and to exercise such
other rights and privileges in respect to any property, as if she or he were the absolute owner
thereof, and in connection therewith to enter into and execute any and all agreements binding
my estate and any trust created hereunder.
12. To compromise, settle or adjust any claim or demand by or against my estate, or
any trust, to litigate any such claims, including, without limitation, any claims relating to estate or
income taxes, or agree to rescind or modify any contract or agreement.
13. To borrow money from such source or sources and upon such terms and
conditions as my Personal Representative shall determine, and to give such security therefor as
my Personal Representative may determine.
All authorities and powers hereinabove granted unto my Personal Representative shall
be exercised from time to time in her or his sole and absolute discretion and without prior
authority or approval of any Court, and I intend that such powers be construed in the broadest
possible extent.
ARTICLE NINE
Construction Intentions
It is my intent that this Will be interpreted according to the following provisions:
1. The masculine gender shall be deemed to include the feminine as well as the
neuter, and vice versa, as to each of them; the singular shall be deemed to include the plural,
and vice versa.
2. The term “testator” as used herein is deemed to include me as Testator or
Testatrix.
3. This Will is not a result of a contract between myself and any beneficiary,
fiduciary or third party and I may revoke this Will at any time.
4. If any part of this Will shall be declared invalid, illegal, or inoperative for any
reason, it is my expressed intent that the remaining parts shall be effective and fully operative
and it is my intent that any Court so interpreting same construct this Will and any provision in
favor of survival.
Signed by Testator/Testatrix : __________________________________ - 4 -
ARTICLE TEN
Misc. Provisions
I direct that this Will and the construction thereof shall be governed by the Laws of the
State of South Dakota.
(I have placed my initials next to the provisions below that I desire to adopt. Unmarked
provisions are not adopted by me and are not a part of this Will)
________ If any person named herein is indebted to me at the time of my death and such
indebtedness be evidenced by a valid Promissory Note payable to me, then such
person’s portion of my estate shall be diminished by the amount of such debt.
Signed if Selected: _______________________________
________ Any and all debts of my estate shall first be paid from my residuary estate. Any
debts on any real property left herein shall be assumed by the person to receive
such real property and not paid by my Personal Representative.
Signed if Selected: _______________________________
________ I desire to be buried in the _____________________________[37] cemetery in
__________________[38] County, __________________[39] .
Signed if Selected: _______________________________
________ I direct that my remains be cremated and that the ashes be disposed of
according to the wishes of my Executor.
I, ___________________________________[40] , having signed this Will in the
presence of _____________________________ and ________________________________
who attested it at my request on this the _____ day of _____________, 20_____ at
____________________________________________________________(address), declare
this to be my Last Will and Testament.
________________________________
_____________________________[41]
Testator/Testatrix
Signed by Testator/Testatrix : __________________________________ - 5 -
The above and foregoing Will of _____________________________[42] (name of
testator/testatrix) was declared by _____________________________[43] (name of
testator/testatrix) in our view and presence to be his/her Will and was signed and subscribed by
the said _____________________________[44] (name of testator/testatrix) in our view and
presence and at his/her request and in the view and presence of
_____________________________[45] (name of testator/testatrix) and in the view and
presence of each other, we, the undersigned, witnessed and attested the due execution of the
Will of _____________________________[46] (name of testator/testatrix) on this the _____day
of ___________________, 20__.
Witness Signature Witness Signature
Print Name: Print Name:
Address: Address:
City, State, Zip: City, State, Zip:
Phone: Phone:
Signed by Testator/Testatrix : __________________________________ - 6 -
South Dakota Self Proving Affidavit
I, ______________________________ , the testator/testatrix, sign my name to this
instrument this _____ day of __________ , 20 _____ and being first duly sworn, do hereby
declare to the undersigned authority that I sign and execute this instrument as my will and that I
sign it willingly, that I execute it as my free and voluntary act for the purposes therein expressed,
and that I am eighteen years of age or older, of sound mind, and under no constraint or undue
influence.
______________________________
Testator
Typed Name: _________________________________
We, _________________________________ and _________________________________ ,
the witnesses, sign our names to this instrument, being first duly sworn, and do hereby declare
to the undersigned authority that the testator/testatrix signs and executes this instrument as [his]
[her] will and that [he] [she] signs it willingly, that [he] [she] executes it as [his] [her] free and
voluntary act for the purposes therein expressed, and that each of us, in the presence and
hearing of the testator/testatrix, hereby signs this will as witness to the testator's/testatrix
signing, and that to the best of our knowledge the testator/testatrix is eighteen years of age or
older, of sound mind, and under no constraint or undue influence.
______________________________
Witness
______________________________
Witness
The State of South Dakota
County of ______________________________
Subscribed, sworn to and acknowledged before me by
_________________________________ , the testator/testatrix, and subscribed and sworn to before
me by ___________________________________ , and ___________________________________ ,
witnesses, this _____ day of __________ , 20 _____ .
(Seal)
(Signed) _______________________________
_________________________________
(Official capacity of officer)
SDCL 29A-2-504 South Dakota Self Proving Affidavit
