What the rule says
South Dakota provides three pathways to a valid will under the UPC framework:
Attested wills (S.D. Codified Laws § 29A-2-502)
1. A writing. 2. The testator's signature. 3. Two competent witnesses.
Holographic wills (§ 29A-2-502(2))
A SD holographic will is valid if material provisions are in the testator's handwriting and signed.
Harmless-error doctrine (§ 29A-2-503)
Defective documents can be probated with clear and convincing evidence of testamentary intent.
Self-proving affidavits
South Dakota recognizes self-proving affidavits under standard UPC framework.
What you can do about it
For a SD will execution:
- Have the testator and at least two witnesses present. - Use the self-proving affidavit. - Sign at the end of the document. - Avoid using beneficiaries as witnesses.
Who this affects most
South Dakota's flexible three-pathway framework reduces execution risk significantly.