How Much Does a Will Cost in South Dakota?

Quick answer

No South Dakota law sets what a will costs, and we found no published source for South Dakota will-drafting prices as of September 2026 that is not a law firm, an online document seller, or a site paid to refer customers to one. What South Dakota law does set is below. South Dakota recognizes handwritten (holographic) wills. A will directs an estate through probate rather than avoiding it. It directs your estate through South Dakota probate, it doesn't skip it. If avoiding probate is the goal, that's a living-trust question.

⚠️ Educational information only — not legal, tax, or financial advice.

The figures on this page are the ones a statute or a named, dated publisher sets. Laws, fees, thresholds, and prices differ by state and change often, and your own situation may change the result. Before you act, confirm the current numbers and rules for South Dakota with a licensed professional — an attorney, tax advisor, or licensed agent as appropriate. Reading this page does not create a professional relationship.

What a will costs in South Dakota

We found no published source for this figure as of September 2026. The South Dakota will prices that are published come from law firms, online document sellers, or sites paid to refer customers to them. None is an independent publisher, so none is cited here.

No South Dakota statute sets what a will costs to draft. South Dakota law sets how a will must be executed to be valid, and what the court charges to probate it — neither fixes a drafting fee.

What the court charges

The deadline the fee buys into

What makes a will valid in South Dakota

A non-holographic South Dakota will must be in writing, signed by the testator (or in the testator's name at the testator's direction), and signed by at least two witnesses who witnessed the signing or the testator's acknowledgment (SDCL 29A-2-502).

EPTL §3-2.1(a)(1)(C) provides that a person who signs the testator’s name for the testator must sign their own name and affix their address, and is not counted as one of the necessary attesting witnesses.

Can you write your own will by hand in South Dakota?

South Dakota DOES recognize holographic (handwritten) wills — a will is valid whether or not witnessed if the signature and the material portions are in the testator's own handwriting (SDCL 29A-2-502). They're legal but easier to contest and harder to probate than a witnessed will.

EPTL §3-2.2(a)(2) defines a holographic will as one written entirely in the testator’s handwriting and not executed and attested under the §3-2.1 formalities.

The self-proving affidavit

South Dakota allows a self-proving will via an affidavit signed by the testator and witnesses before a notary (SDCL 29A-2-504), letting the court admit the will without the witnesses testifying — which speeds up probate.

Without it, the attesting witnesses may be called to testify to the execution when the will is offered for probate. SCPA §1406(1) is what removes that step, by letting the court accept their sworn affidavit instead.

What a will does not do in South Dakota

A will directs an estate through probate; it does not remove assets from it. A will tells the South Dakota probate court who receives what and who administers the estate. Property governed by the will still passes through probate — the court-supervised, public process.

The cost of the document and the cost of probate are therefore separate figures. For what probate itself costs in South Dakota, see How Much Does Probate Cost in South Dakota?.

What passes outside probate in South Dakota

Assets transfer outside probate only by operation of law or contract, regardless of what a will says. The recognised mechanisms are:

A will has no effect on any asset transferred by these routes. For the South Dakota figures on the trust alternative, see How Much Does a Living Trust Cost in South Dakota?, and for the documented differences between the two instruments, Will vs. Trust: How They Differ.

What affects the price in South Dakota

We found no published source for South Dakota will-drafting prices as of September 2026, so this page states no range and no price drivers. The prices on this page that are fixed by law are the court’s, above, with the statute that fixes them cited there.

What the record shows

Item South Dakota
Price of a will Not set by law; no independent published source found as of September 2026
Governing statutes SDCL 29A-2-502 (execution; holographic wills); SDCL 29A-2-504 (self-proved will)
State authority South Dakota Codified Laws (South Dakota Legislature, sdlegislature.gov)

A will directs an estate through probate and does not remove assets from it. Execution requirements, the treatment of handwritten wills, the self-proving affidavit, the court’s own fee schedule and the claim period are set out above with their statutory citations. No figure is published here for what a will costs to draft: we found no independent published source as of September 2026.

Will costs in other states

Compare South Dakota with what a will costs in other states:


This page sets out what South Dakota law fixes about making a will and probating it, as of September 2026. It is not legal advice; statutes and figures change and depend on your situation. Confirm current rules with a licensed South Dakota attorney. It states no drafting price, because we found no independent published source for one. Sources: South Dakota Codified Laws (South Dakota Legislature, sdlegislature.gov); SDCL 29A-2-502 (execution; holographic wills), SDCL 29A-2-504 (self-proved will).