South Dakota Wills Attorneys

Experience Our Tailored Estate Planning in Rapid City

Developing a plan for your inevitable passing can be tough, but these important decisions can’t wait. With the help of our competent attorneys, you can explore creative estate planning solutions to your pressing concerns. Writing a will is a prudent choice because the document legally binds your wishes regarding your property and other rights. At Aspen Legacy Planning, our will attorneys in Rapid City, SD bring decades of experience to help each client draft clear and decisive wills.

Understanding Intestate Succession in South Dakota

Consequences of Dying Without a Will in Rapid City

When you die without a will, your estate is considered "intestate." The property in your estate will be distributed in accordance with your state's intestacy laws.

In South Dakota, intestacy succession proceeds according to your surviving close relatives:

• Children but no spouse - Children inherit full estate equally
• Spouse but no children - Spouse inherits full estate
• Spouse and children from you and your spouse - Spouse inherits full estate
• Spouse with at least one child from you who is not related to that spouse - Spouse inherits first $100,000 of property and half of the balance, children inherit the rest equally
• Parents with no spouse or children - Parents inherit full estate equally
• Siblings with no spouse, children, or parents - Siblings inherit full estate equally

Intestacy succession laws do not allow for assets to go to more distance relatives or non-related loved ones. In addition, your estate will be administered by a court-appointed representative, rather than an executor of your choice.

By not creating a will, you potentially risk:

• Surrendering control of the legacy you worked your whole life to create
• Allowing the state's law of intestate succession to choose how to distribute your property
• Giving your hard-earned property away to the state if you lack qualifying relatives under the state's succession laws

Time Limits for Will Contests in South Dakota

The statute of limitations for contesting a will in South Dakota depends on the aspect of the will being contested. It ranges from three to 20 years from the testator's death.

Legal Requirements for Drafting a Will in Rapid City

Steps to Legally Create a Will in South Dakota

In order to legally make a will in South Dakota, you must meet the following requirements:

• You are at least 18 years old
• You are of sound mind

South Dakota only recognizes hard copy wills. Most wills in South Dakota must be signed in front of two witnesses, who must also sign the will in your presence. Holographic wills, also known as handwritten wills, do not need to be witnessed as long as the entirety of the will is in your own handwriting.

While it is possible to draft a will without the assistance of an attorney, it is highly recommended. Retaining a Rapid City lawyer to write your will can help you ensure the will is fully legally complaint and help you avoid common pitfalls.

Role of a Rapid City Wills Attorney