Court Safekeeping of Original Wills in South Dakota
At a glance
| Statutory safekeeping route | Voluntary lifetime deposit with any court (§ 29A-2-515). |
|---|---|
| Who may deposit | Testator or testator's agent (§ 29A-2-515). |
| Proper court or clerk | Any court (§ 29A-2-515). |
| Envelope and filing record | Will must be sealed; section specifies no index or receipt (§ 29A-2-515). |
| Fee and receipt | Section 29A-2-515 states no statutory fee or receipt. |
| Custody before death | Sealed and confidential; conservator examination limited and resealed (§ 29A-2-515). |
| Retrieval before death | Testator or person authorized in testator's signed writing (§ 29A-2-515). |
| Notice after death | On learning of death, court notifies designated recipient (§ 29A-2-515). |
| Opening and release after death | Court delivers to designated recipient on request or may deliver to appropriate court (§ 29A-2-515). |
Requirements one by one
Lifetime custody
S.D. Codified Laws § 29A-2-515 requires sealed, confidential custody. A conservator may examine a protected testator's will under procedures that preserve confidentiality as far as possible and leave it resealed on deposit.
Lifetime retrieval
Under § 29A-2-515, the court may deliver the will during life only to the testator or a person authorized in writing signed by the testator. An agent's ability to make the deposit does not itself give that agent a separate release right.
Notice after death
After learning of the death, the court notifies anyone designated to receive the will and delivers it on request, or may deliver it to the appropriate court under § 29A-2-515.
What trips people up
Section 29A-2-515 states no fee, receipt, or indexing requirement. A separate rule in § 29A-2-516 requires a custodian, on an interested person's request after death, to deliver the will with reasonable promptness to an appropriate court or someone able to secure probate. Willful failure can result in damages.
Common questions
Can the testator's agent choose the court? Section 29A-2-515 allows the testator or agent to deposit with any court.
May a conservator take the protected person's will away after examining it? Section 29A-2-515 requires the will to be resealed and kept on deposit.
Statutes and sources
- S.D. Codified Laws §§ 29A-2-515–516: current official text, quoted with source URLs and access dates above.
Source links
Every statute quoted above, linked, with the date we checked it.
What does South Dakota law mean for your facts?
You just read the general rule. Ask your own question and see which parts of current South Dakota law apply to your situation, with citations you can check.
Opens in Ezel Pro.
- Starts from the statutes this survey is built on
- Cites every source it relies on, so you can verify it
- Chat, drafting and research in one workspace