Legal Last Will and Testament Form for a Single Person with Minor Children - South Dakota 2026

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How to use or fill out Legal Last Will and Testament Form for a Single Person with Minor Children - South Dakota

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  1. Click ‘Get Form’ to open it in the editor.
  2. Begin by entering your name and county of residence in the designated fields. This establishes your identity as the testator.
  3. In Article One, list the names and birth dates of all your children. This is crucial for ensuring their inheritance rights.
  4. For Article Three, specify any particular property you wish to bequeath to individuals. If none, simply type 'none' in the field.
  5. In Article Four, indicate that all remaining property will be divided equally among your children. Use 'per stirpes' to clarify distribution if a child predeceases you.
  6. Complete Articles Five through Nine by appointing a trustee, guardian for minor children, and personal representative. Ensure these individuals are trustworthy.
  7. Review all entries carefully before printing. Sign in front of two witnesses and consider notarization for added validity.

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Wills certainly arent mandatory, but everyone should create a will regardless of the size of their estate. Aside from just distributing assets and property, wills serve a variety of purposes.
The law requires that the maker of the will be at least 18 years old and of sound mind. The will must be written, signed, and witnessed by two or more individuals. No witnesses are necessary if the will is dated and if the signature and material portions of the will are in the handwriting of the person making the will.
There are some ways to avoid probate in South Dakota, including having a living trust, payable-on-death (POD) bank accounts, transfer-on-death (TOD) deeds, and joint ownership of properties. Living trusts can help avoid probate because the assets they hold belong to the trust, not the estate.

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