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A person is legally entitled to make a will without notifying their spouse or revealing the contents to them.
Except as otherwise expressly provided by statute, all citizens of this state, and all other persons interested in the examination of the public records, as defined in 1-27-1.1, are hereby fully empowered and authorized to examine such public record, and make memoranda and abstracts therefrom during the hours the
South Dakota birth, death, marriage, and divorce records may be requested in person, through the mail, online, or over the phone. A $15 search fee is applicable for all certificates requested. Online orders and those over the phone include additional expedite fees.
Any person who dies owning property must take provision for the distribution of those assets. In many instances this is done by a probate proceeding. If there is a will devising the property, there will be a testate proceeding. When there is no will, there will be an intestate probate proceeding.
While wills are typically private in South Dakota, there are exceptions to this rule. One such exception is when a will is submitted for probate. Probate is the legal process of validating a will and administering the estate. During probate, the will becomes a public record, accessible to interested parties.
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During your lifetime, your will remains private. Even if you choose to file your will with your local court while youre still alive, its contents are unavailable to the public until you die. Once you pass away, your will becomes public record, and anyone can go to the county clerk and request a copy.

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