Legal Last Will and Testament Form for Widow or Widower with Minor Children - South Dakota 2025

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A last will and testament is a legal document that communicates a persons final wishes pertaining to their assets. It provides specific instructions about what to do with their possessions. It will indicate whether the deceased leaves them to another person, a group, or wishes to donate them to charity.
A last will and testament is a written document that details who a decedent decided should receive items of property from the estate. Its execution is managed by an executor or personal representative named in the document.
Though it has been thought a will historically applied only to real property, while testament applied only to personal property (thus giving rise to the popular title of the document as last will and testament), records show the terms have been used interchangeably.
What Is the Difference Between a Decedent and a Deceased Person? A deceased person is someone who has died. While the word decedent also refers to a person who has passed away, it denotes a legal status as well. Essentially, all decedents are deceased people, but not all deceased people are decedents.
What Are South Dakota Laws Involving Wills? Under South Dakota state law, if a person dies without a will, their surviving spouse is entitled to the entire intestate estate if the decedent did not have any living descendants unrelated to the surviving spouse.
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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.
Can I Make My Own Will in South Dakota? Yes. You do not have to use an attorney to draft your will. If you have a simple estate, know what property you own and who you want to receive the property, then you are ready to make your will.

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