In South Dakota you must fill out two separate forms to have a complete Advance Directive: A Living Will called a "Living Will Declaration" and a "Healthcare Power of Attorney" (a.k.a. Health Care Proxy).

Required Information for the Living Will: You and two (2) witnesses must sign your SD Advance Directive for it to be considered valid.
South Dakota Advance Directive Form
Required Information for Naming a Health Care Proxy:
You and two (2) witnesses must sign your SD Advance Directive for it to be considered valid Witnesses CAN NOT be:
  • The person appointed as Durable Power of Attorney for Health Care (a.k.a. Health Care Proxy)
  • Your health care provider, or an employee of the health care provider
  • Not related to you by blood, marriage, or adoption
  • To the best of one's knowledge, not a creditor of the principal nor entitled to any part of the estate under a will now existing or by operation of law
Other resources for South Dakota:

Death Certificates
Digital Estate Planning Laws:
Law: HB1080 Uniform Fiduciary Access to Digital Assets Act
Description: This law authorizes a decedent’s personal representative or trustee to access and manage digital assets and electronic communications. [Read the full Bill]
Status: Signed by Govenor on March 6, 2017; Effective July 1, 2017.

Death With Dignity Legislation (a.k.a. Aid-In-Dying or Physician-Assisted Death)
  • South Dakota has no legislation

Organ Donation Registries
South Dakota Organ Donation registry official link.

POLST (Physician Orders for Life Sustaining Treatment) Form
South Dakota doesn’t currently have a POLST program (check the status here).

Probate Laws
Title 29A: Uniform Probate Code

Estate And Inheritance Tax Rate
  • South Dakota has no estate tax or inheritance tax