Last Will and Testament
State of South Dakota
About You (Testator)
The person creating this Last Will and Testament.
This establishes your primary residency for probate jurisdiction.
Last Will and Testament of [testator_name]
State of South Dakota
DECLARATION & REVOCATION
I, [testator_name], residing at [testator_address], being of sound mind and memory, and not acting under duress, menace, fraud, or undue influence of any person whomsoever, do hereby make, publish, and declare this instrument to be my Last Will and Testament, hereby revoking any and all prior wills and codicils made by me.
FAMILY DECLARATIONS
I declare that I am currently unmarried.
APPOINTMENT OF EXECUTOR
I hereby nominate, constitute, and appoint [executor_name], residing at [executor_address], as the Executor of this my Last Will and Testament. If this primary Executor is unable or unwilling to serve, I nominate, constitute, and appoint [alternate_executor_name], residing at [alternate_executor_address], as the alternate Executor.
I direct that no Executor nominated herein shall be required to post bond, security, or other surety in any jurisdiction for the faithful performance of their duties. I grant my Executor all powers, duties, and discretions allowed by the laws of the State of South Dakota, including the power to sell, lease, mortgage, or otherwise dispose of any real or personal property without court approval.
DISPOSITION OF ESTATE
I give, devise, and bequeath all of my property and estate, both real and personal, of every kind and description and wherever situated, to my living children to be divided among them in equal shares. If none of my children survive me, my estate shall be distributed in accordance with the laws of intestacy of the State of South Dakota.
EXECUTION OF WILL
IN WITNESS WHEREOF, I, [testator_name], have hereunto set my hand and seal to this, my Last Will and Testament, on this ___ day of ________, 20__.
ATTESTATION CLAUSE
The foregoing instrument was on the date thereof signed, published, and declared by the Testator, [testator_name], to be their Last Will and Testament, in the presence of us, who, at their request, in their presence, and in the presence of each other, have subscribed our names as witnesses thereto, believing the Testator to be of sound mind and memory at the time of signing.
SELF-PROVING AFFIDAVIT
We, the Testator and the Witnesses, respectively, whose names are signed to the attached or foregoing instrument, being first duly sworn, do hereby declare to the undersigned authority that the Testator signed the instrument as their Last Will and Testament, and that they signed willingly, and that each Witness, in the presence and hearing of the Testator and of each other, signed the Will as witness.
SUBSCRIBED, SWORN TO, AND ACKNOWLEDGED before me by the Testator, and subscribed and sworn to before me by the Witnesses, on this ___ day of ________, 20__.
Signatures
Testator: [testator_name]
Date: ________________
Witness 1 Signature
Date: ________________
Witness 2 Signature
Date: ________________
Notary Public Signature
Date: ________________
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