South Dakota § 29A-3-406 Formal testacy proceedings--Contested cases--Testimony of attesting witnesses.

South Dakota Statutes

§ 29A-3-406 — Formal testacy proceedings--Contested cases--Testimony of attesting witnesses.

South Dakota § 29A-3-406

Title 29AUNIFORM PROBATE CODE

Ch. 29A-2PROBATE OF WILLS AND ADMINISTRATION

This text of South Dakota § 29A-3-406 (Formal testacy proceedings--Contested cases--Testimony of attesting witnesses.) is published on Counsel Stack Legal Research, covering South Dakota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

S.D. Codified Laws § 29A-3-406 (2026).

Text

(a)If evidence concerning execution of an attested will which is not self - proved is necessary in contested cases, the testimony of at least one of the attesting witnesses, if within the state, competent and able to testify, is required. Due execution of an attested or unattested will may be proved by other evidence.

(b)If the will is self - proved, compliance with signature requirements for execution is conclusively presumed and other requirements of execution are presumed subject to rebuttal without the testimony of any witness upon filing the will and the acknowledgment and affidavits annexed or attached thereto, unless there is proof of fraud or forgery affecting the acknowledgment or affidavit.

Free access — add to your briefcase to read the full text and ask questions with AI

(a) If evidence concerning execution of an attested will which is not self - proved is necessary in contested cases, the testimony of at least one of the attesting witnesses, if within the state, competent and able to testify, is required. Due execution of an attested or unattested will may be proved by other evidence. (b) If the will is self - proved, compliance with signature requirements for execution is conclusively presumed and other requirements of execution are presumed subject to rebuttal without the testimony of any witness upon filing the will and the acknowledgment and affidavits annexed or attached thereto, unless there is proof of fraud or forgery affecting the acknowledgment or affidavit.