Advance Directive Form

South Dakota’s Advance Directive form authorizes a healthcare proxy and deals with an individual’s instructions regarding their health treatment and last will. The form must be signed by the individual, proxy, and two witnesses.

How to Order a Death Certificate

Only the deceased’s immediate and extended family members with proof of relation and their legal representatives, physician, and persons with a property right can obtain a death certificate in South Dakota.

The required application information includes:

• Deceased’s name and gender
• Date and place of death
• Applicant’s name, phone number, address
• State file number
• Applicant’s relation to the deceased and proof of the fact
• Notarized signature
• Copy of applicant’s government-issued photo ID.

The certificate with one certified copy costs $15 with each additional copy ordered at the same time coming at $15.

The application can be mailed or handed in person at:

Vital Records

207 E. Missouri Avenue, Suite 1A

Pierre, SD 57501

Digital Estate Planning Laws

HB1080 Uniform Fiduciary Access to Digital Assets Act authorizes an individual’s legal representative who can access and control their digital assets and communications. This bill came into effect on July 1, 2017.

Death With Dignity or Aid-in-Dying or Physician-Assisted Death

South Dakota has no legislation regarding death with dignity. Updates on this matter can be found here.

Organ Donation Registry

South Dakota’s organ donation registry can be accessed here.

Medical Orders for Scope of Treatment (MOST)

South Dakota’s MOST form should be completed only after a conversation with a patient or their representative. It’s necessary for patients who are at risk of a life-threatening clinical event due to a life-limiting medical condition.

Probate Laws

Information on South Dakota’s legislation on a decedent’s will regarding their estate and other assets can be found in Title 29A: Uniform Probate Code.

Estate and Inheritance Tax

South Dakota has no estate or inheritance tax.