Personal Property Memorandum

PERSONAL PROPERTY MEMORANDUM

Pursuant to South Dakota Codified Laws § 29A-2-513

Table of Contents

1. Introduction and Will Reference
2. Statutory Authority
3. Identification of Testator
4. Tangible Personal Property Distributions
5. Distribution Categories
6. Residual Tangible Personal Property
7. Instructions for Updating
8. Execution and Authentication
9. State-Specific Notes
10. Sources and References

// GUIDANCE: South Dakota adopted the Uniform Probate Code, including § 2-513, codified
// at SDCL § 29A-2-513. This section authorizes a will to refer to a separate written
// statement or list disposing of tangible personal property. The writing must describe
// items and recipients with reasonable certainty, must be signed by the testator, and
// may be prepared before or after execution of the will.

I. INTRODUCTION AND WILL REFERENCE

This Personal Property Memorandum ("Memorandum") is made by the undersigned Testator and is incorporated by reference into the Last Will and Testament of the undersigned, executed on [__/__/____], as authorized by South Dakota Codified Laws Section 29A-2-513.

This Memorandum is intended to dispose of items of tangible personal property not otherwise specifically devised in the Will.

Will Reference Clause: This Memorandum is the written statement or list referenced in Article [____] / Section [____] of the Testator's Last Will and Testament.

II. STATUTORY AUTHORITY

This Memorandum is authorized by SDCL § 29A-2-513, which provides that a will may refer to a written statement or list to dispose of items of tangible personal property not otherwise specifically disposed of by the will, other than money. To be admissible under the statute, the writing must be signed by the testator and must describe the items and intended recipients with reasonable certainty. The writing may be prepared before or after execution of the will and may be altered by the testator at any time.

III. IDENTIFICATION OF TESTATOR

IV. TANGIBLE PERSONAL PROPERTY DISTRIBUTIONS

// GUIDANCE: Describe each item with sufficient detail to identify it with "reasonable
// certainty" as required by the statute. Include identifying features such as make,
// model, serial number, color, size, or location. Identify each recipient by full
// legal name and relationship.

Item Distribution Table

// GUIDANCE: Add additional rows as needed. Attach supplemental pages if necessary,
// ensuring each page is signed and dated by the testator.

V. DISTRIBUTION CATEGORIES

☐ Jewelry and Watches
[________________________________]

☐ Furniture and Household Furnishings
[________________________________]

☐ Artwork, Collectibles, and Antiques
[________________________________]

☐ Vehicles, Boats, and Recreational Equipment
[________________________________]

☐ Electronics and Musical Instruments
[________________________________]

☐ Sporting Goods and Tools
[________________________________]

☐ Clothing and Personal Accessories
[________________________________]

☐ Books and Media Collections
[________________________________]

☐ Firearms (ensure compliance with state and federal transfer laws)
[________________________________]

☐ Heirloom and Sentimental Items
[________________________________]

☐ Agricultural Equipment (if not used in a trade or business)
[________________________________]

☐ Other Tangible Personal Property
[________________________________]

VI. RESIDUAL TANGIBLE PERSONAL PROPERTY

Any items of tangible personal property not specifically listed in this Memorandum shall be distributed as follows:

☐ According to the terms of my Last Will and Testament

☐ Equally among the following persons: [________________________________]

☐ To: [________________________________]

☐ At the discretion of my Personal Representative

VII. INSTRUCTIONS FOR UPDATING

// GUIDANCE: Under SDCL § 29A-2-513, the testator may alter this memorandum at any
// time. Sign and date each revision. The most recent version controls over
// inconsistent provisions.

This Memorandum may be revised, amended, or replaced at any time without executing a new Will or codicil. To update:

1. Prepare a new memorandum or clearly mark changes on this document
2. Sign and date each revision or new memorandum
3. Clearly indicate which version supersedes prior versions
4. Store the updated memorandum with or near your Will
5. Notify your attorney and/or Personal Representative of the update

This Memorandum supersedes all prior memoranda dated before the date below.

VIII. EXECUTION AND AUTHENTICATION

// GUIDANCE: The memorandum must be signed by the testator. Witnesses and
// notarization are not required by statute but may be advisable.

I, the undersigned Testator, declare that this Personal Property Memorandum is made voluntarily and represents my wishes for the distribution of the tangible personal property listed herein.

Optional Witness Attestation

IX. STATE-SPECIFIC NOTES

South Dakota Requirements Under SDCL § 29A-2-513

1. Will Reference Required: The Will must specifically refer to this Memorandum for it to have legal effect
2. Testator Signature Required: The Memorandum must be signed by the testator
3. Reasonable Certainty: Items and recipients must be described with reasonable certainty
4. Excluded Property: This Memorandum may NOT be used to dispose of:
   - Money (cash or currency)
   - Evidences of indebtedness
   - Documents of title
   - Securities
   - Property used in a trade or business
5. Timing: May be prepared before or after execution of the Will
6. Amendments: May be altered by the testator at any time; sign and date all changes
7. UPC Basis: South Dakota adopted the Uniform Probate Code; this provision mirrors UPC § 2-513
8. Trust Assets: South Dakota is a premier trust jurisdiction; coordinate this Memorandum with any trust provisions regarding tangible personal property

Important Disclaimers

• This Memorandum does not replace a valid Last Will and Testament
• Consult with a South Dakota licensed attorney before relying on this document
• If any item listed has been sold, gifted, or destroyed before death, that specific bequest is void (ademption)
• South Dakota has no state income tax or estate tax, but federal estate tax may still apply

X. SOURCES AND REFERENCES

• SDCL § 29A-2-513 — Separate Writing Identifying Devise of Tangible Personal Property
• SDCL Title 29A — Uniform Probate Code
• Nolo — Using a Personal Property Memorandum With Your Will

This template is provided for informational purposes only by ezel.ai and does not constitute legal advice. Consult a licensed South Dakota attorney before use.