South Dakota: Personal Property Memorandum Requirements
The short answer
Yes. S.D. Codified Laws § 29A-2-513 lets a will refer to a separate writing or list for tangible personal property not otherwise specifically disposed of, other than money. The writing must be signed by the testator and must describe the items and devisees with reasonable certainty. It may be prepared before or after the will and altered later, but the statute states no date or conflict-priority rule.
Ask Ezel about your situation
This is the general rule in South Dakota. Ask about your specific facts and see which parts of current South Dakota law apply, with citations to the statutes.
| Governing law and device recognized | Yes—separate written statement or list under S.D. Codified Laws § 29A-2-513 |
|---|---|
| Will reference required | Yes; the will must refer to the writing and may describe it as one to exist at the testator's death (§ 29A-2-513) |
| Eligible property and exclusions | Tangible personal property not otherwise specifically disposed of; expressly excludes money. No other express exclusion or value cap (§ 29A-2-513) |
| Signature, handwriting, and date | Testator must sign; handwriting alone is not an alternative. No date, witness, notary, or signature-placement condition stated (§ 29A-2-513) |
| Item and devisee identification | Items and devisees must be described with reasonable certainty (§ 29A-2-513) |
| Timing before or after the will | May be prepared before or after will execution and may have no significance apart from the testamentary disposition (§ 29A-2-513) |
| Alteration, replacement, and conflict priority | Testator may alter the writing after preparation; no required alteration formality, replacement method, or priority rule for conflicting writings stated (§ 29A-2-513) |
| Probate use, effect, and failure consequence | Qualifying writing is admissible as evidence of intended disposition; no separate filing, delivery, lapse, or savings rule stated (§ 29A-2-513) |
Compare this rule across all 50 states + DC →
Requirements one by one
The will and eligible property
S.D. Codified Laws § 29A-2-513 permits a will to refer to a written statement
or list for tangible personal property that the will does not otherwise
specifically dispose of. The will may refer to a writing that will exist at the
testator's death, so the list need not exist when the will is executed.
Money is the section's only express excluded-property category. The writing
still operates only on tangible personal property and cannot redirect an item
already specifically disposed of by the will. The section states no per-item
or aggregate value ceiling.
Signature and identification
The testator must sign the writing. Unlike statutes that allow either
handwriting or signature, § 29A-2-513 does not make handwriting alone an
alternative. The writing also must describe both the items and devisees with
reasonable certainty.
The section states no date, witness, notarization, or signature-placement
condition for the separate writing.
Timing and later alteration
The writing may be prepared before or after execution of the will and may have
no significance apart from its effect on the will's dispositions. The testator
may alter it after preparation.
Section 29A-2-513 does not prescribe a special formality for each alteration or
say which of two conflicting writings controls. A writing offered under the
section still must carry the testator's signature and reasonably certain item
and devisee descriptions.
Evidentiary effect
A writing that satisfies the section is admissible as evidence of the intended
disposition. The section states no separate probate filing or delivery
procedure and no lapse or savings rule.
What trips people up
South Dakota requires the testator's signature. A handwritten but unsigned
list does not satisfy the statute merely because the handwriting can be proved.
The permission to alter the writing later does not create a statutory newest-
writing-wins rule. The section also does not authorize a blanket declaration
that the memorandum overrides a specific gift already made in the will.
Common questions
Must the writing be dated?
Section 29A-2-513 states no dating condition. It requires the testator's
signature and reasonably certain descriptions of the items and devisees.
Can the writing be created after the will is signed?
Yes. It may be prepared before or after execution of the will, and the will may
refer to one that will exist at the testator's death.
Can the writing be changed later?
Yes. The testator may alter it after preparation. The statute states no special
initialing, re-signing, re-dating, replacement, or conflict-priority rule.
Must witnesses or a notary sign?
No witness or notary condition appears in § 29A-2-513. The testator's signature
is the stated execution requirement.
Statutes and sources
- S.D. Codified Laws § 29A-2-513 — will reference, property scope,
signature, identification, timing, alteration, independent significance, and
admissibility. South Dakota Legislature:
https://sdlegislature.gov/api/Statutes/29A-2-513.html (accessed 2026-08-11).
Source links
Every statute quoted above, linked, with the date we checked it.
Get the answer for your situation
You just read how South Dakota handles this in general. Ask your specific question and see which parts of current South Dakota law apply to your facts, with citations.
Opens in Ezel Pro. Every answer cites the authority it relies on.