Simple Will - South Dakota

LAST WILL AND TESTAMENT

of
[TESTATOR FULL LEGAL NAME]

(State of South Dakota)

TABLE OF CONTENTS

1. Declaration...............................................................................................................1
2. Revocation of Prior Wills & Codicils.................................................................1
3. Definitions.................................................................................................................2
4. Appointment of Personal Representative (Executor).....................................3

5. Disposition of Estate.............................................................................................4
   5.1. Specific Bequests
   5.2. Residuary Estate

6. Guardianship of Minor Children..........................................................................5

7. Administrative & Tax Provisions..........................................................................6
8. Indemnification & Limitation of Liability....................................................8
9. No-Contest (In Terrorem) Clause...........................................................................8
10. Governing Law; Probate Forum..........................................................................9
11. Severability & Miscellaneous............................................................................9
12. Execution Block (Signature, Witness Attestation, Self-Proving Affidavit)...10

1. DECLARATION

I, [TESTATOR FULL LEGAL NAME], a resident of [COUNTY], South Dakota, being of legal age (at least eighteen years) and of sound mind and memory, do hereby make, publish, and declare this to be my Last Will and Testament (“Will”), hereby revoking all prior wills and codicils.

Effective Date: This Will shall take effect upon my death.

2. REVOCATION OF PRIOR WILLS & CODICILS

I hereby revoke, annul, and declare void all prior wills, codicils, and testamentary dispositions that I have previously made.

3. DEFINITIONS

For purposes of this Will, the following terms shall have the meanings set forth below:

“Child” or “Children” means each of my biological or legally adopted living descendants, and the descendants of any deceased child, per stirpes.

“Estate Assets” means all property, real or personal, tangible or intangible, that passes under this Will.

“Personal Representative (Executor)” means the individual(s) or corporate fiduciary appointed under Section 4 to administer my estate.

“Residuary Estate” means all Estate Assets not effectively disposed of under Section 5.1.

4. APPOINTMENT OF PERSONAL REPRESENTATIVE (EXECUTOR)

4.1 Designation
I nominate [PRIMARY EXECUTOR NAME], currently residing at [ADDRESS], as Personal Representative. If [he/she/they] is unable or unwilling to serve, I nominate [ALTERNATE EXECUTOR NAME] as successor.

4.2 Independent Administration
My Personal Representative shall administer my estate independently and free of court supervision to the fullest extent permitted under S.D. Codified Laws.

4.3 Bond Waiver
No bond or other security shall be required of any Personal Representative unless a court of competent jurisdiction orders otherwise for good cause shown.

4.4 Fiduciary Powers
In addition to powers granted by law—including those under SDCL § 29A-3-715 (transactions authorized for personal representatives)—my Personal Representative shall have all powers requisite or desirable to effectuate the provisions of this Will.

5. DISPOSITION OF ESTATE

5.1 Specific Bequests

I give the following property, free of encumbrances, to the persons identified below:

a. [DESCRIPTION OF ITEM OR SUM] to [BENEFICIARY NAME].
b. [Repeat as necessary].

If any above-named beneficiary predeceases me, the lapsed gift shall pass to such beneficiary’s descendants, per stirpes, unless otherwise provided.

5.2 Residuary Estate

I give all the rest, residue, and remainder of my Estate Assets, of whatever kind and wherever located, to [RESIDUARY BENEFICIARY NAME]. Should that beneficiary predecease me, my Residuary Estate shall pass to [CONTINGENT BENEFICIARY NAME], per stirpes.

6. GUARDIANSHIP OF MINOR CHILDREN

If, at my death, I am the parent of a minor child, I nominate [PRIMARY GUARDIAN NAME] as guardian of the person and estate of such minor child. If [he/she/they] is unwilling or unable to serve, I nominate [ALTERNATE GUARDIAN NAME]. This nomination is made pursuant to SDCL § 29A-5-202 and is effective whether or not the named minor child was living at the time this Will was made. Any such nomination is subject to the Circuit Court's authority to appoint a different guardian if the nominee is ineligible or if doing so would not serve the minor's best interests.

7. ADMINISTRATIVE & TAX PROVISIONS

7.1 Payment of Debts and Expenses
My Personal Representative shall pay from my Estate Assets:
a. All enforceable debts and valid claims against my estate;
b. All funeral, burial, and memorial expenses reasonably incurred;
c. All costs of estate administration and probate.

7.2 Taxes
All federal and state inheritance, estate, and similar transfer taxes attributable to property passing under this Will shall be paid from the Residuary Estate without apportionment, unless governing law requires otherwise.

7.3 Apportionment of Income and Expenses
Unless otherwise provided by statute, receipts and disbursements shall be allocated between income and principal in accordance with the South Dakota Uniform Principal and Income Act.

7.4 Digital Assets
My Personal Representative may access, manage, and dispose of my digital assets and electronic communications (as those terms are defined in SDCL § 55-19-1) to the fullest extent allowed by SDCL chapter 55-19, South Dakota's enactment of the Revised Uniform Fiduciary Access to Digital Assets Act, including requesting disclosure directly from custodians under SDCL § 55-19-6.

8. INDEMNIFICATION & LIMITATION OF LIABILITY

8.1 Executor Indemnity
My Personal Representative shall be indemnified and held harmless out of the Estate Assets against any loss, liability, or expense incurred by reason of any act or omission in good faith, except for losses resulting from gross negligence, willful misconduct, or bad-faith breach of fiduciary duty.

8.2 Liability Cap
The personal liability of my Personal Representative, if any, shall be limited solely to the value of Estate Assets administered, and no personal assets of the Personal Representative shall be subject to satisfaction of estate obligations.

9. NO-CONTEST (IN TERROREM) CLAUSE

If any beneficiary (directly or indirectly) contests this Will or any of its provisions, or institutes or joins in any other proceeding relating to my estate, in any court proceeding, any share or interest in my estate that would otherwise have passed to such beneficiary shall lapse and shall become part of the Residuary Estate to be distributed as though such beneficiary had predeceased me.

Under SDCL § 29A-2-517, this provision is unenforceable as to any interested person who had probable cause for instituting the contest or other proceeding; a challenge brought in good faith and with probable cause shall not, by itself, trigger forfeiture under this Section.

10. GOVERNING LAW; PROBATE FORUM

This Will is governed by, and shall be construed in accordance with, the laws of the State of South Dakota. South Dakota's Unified Judicial System has no separate probate court; exclusive original jurisdiction over probate of this Will lies in the Circuit Court of the county in which I reside at my death, or, if I am not domiciled in South Dakota at my death, the Circuit Court of the county in which my property is located, in each case under SDCL Title 29A (the South Dakota Uniform Probate Code).

11. SEVERABILITY & MISCELLANEOUS

If any provision of this Will is determined to be invalid or unenforceable, the remaining provisions shall nevertheless be given full force and effect. Headings are for convenience only and shall not affect interpretation.

12. EXECUTION BLOCK

I, [TESTATOR FULL LEGAL NAME], sign my name to this Will on this ___ day of __________, 20___, at ______________________________________ [city/state].

______________________________
[TESTATOR SIGNATURE]

WITNESS ATTESTATION

We, the undersigned witnesses, declare that on the date written above [TESTATOR FULL LEGAL NAME], whom we know or have satisfactorily identified, signed and declared this instrument to be his/her/their Last Will and Testament, and that the testator appeared to us to be of sound mind and not acting under duress, fraud, or undue influence. We sign our names hereto as witnesses in the presence of the testator and of each other.

(Optional) SELF-PROVING AFFIDAVIT

(State of South Dakota)
County of ______________________ ) ss.

Before me, the undersigned authority, on this day personally appeared [TESTATOR NAME], [WITNESS #1 NAME], and [WITNESS #2 NAME], all personally known to me (or proven by satisfactory evidence) and, being first duly sworn, each declared to me that the instrument to which this affidavit is affixed is the Last Will and Testament of [Testator], that the testator executed the Will willingly (or willingly directed another to sign for him/her/them), and that each witness, in the presence of the testator and of each other, signed the Will as witness. The testator and witnesses declare that to the best of their knowledge the testator was at least eighteen (18) years of age, of sound mind, and under no constraint or undue influence.

______________________________
[NOTARY PUBLIC SIGNATURE]
Notary Public for the State of South Dakota
My commission expires: _____________________

END OF DOCUMENT