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The End of Life Plannerby Valoren

General information · not a substitute for the advice of an attorney.

Free · general informationSouth Dakota

What to do when someone dies in South Dakota

The first things South Dakota’s own law asks for after a death, quoted word for word, then the pages for everything that follows, in the order it usually comes. Nothing here decides what a particular family must do. That belongs to the office named, the court, or an attorney in South Dakota.

  • Every fact dated, in the official words
  • Each state’s own law

Every quotation checked October 24, 2026

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The free first-week checklist

Pages taken from the planner, by email: who to phone first, and a blank records sheet.

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Every quotation on this page is the official body’s own words, as they stood on the day we read them. The date is beside each one.

The fact of death record: who files it, and how soon

Registering the death comes first. These are South Dakota’s own words on who files the record, and how soon.

The funeral director, or person acting as such, who first assumes custody of a dead body shall file a fact of death record. The funeral director shall obtain the personal data from the next of kin or the best qualified person or source available.

A fact of death record for each death which occurs in this state shall be filed with the department within five days after such death.

South Dakota · general information · checked October 24, 2026 · SDCL 34-25-25

The medical certificate: who completes it, and how soon

The licensed physician, physician assistant, or certified nurse practitioner, if any, last in attendance on any person whose death occurs in this state, shall complete, sign, and file a medical certificate with the department within five days of the date of death

South Dakota · general information · checked October 24, 2026 · SDCL 34-25-18

What the person holding the will must do when asked, and the liability for not doing it

The will has its own rules. These are South Dakota’s own words on who brings it to the court after a death, and what the court does with it.

After the death of a testator and on request of an interested person, a person having custody of a will of the testator shall deliver it with reasonable promptness to an appropriate court or to a person able to secure its probate. A person who willfully fails to deliver a will is liable to any person aggrieved for any damages that may be sustained by the failure.

South Dakota · general information · checked October 24, 2026 · SDCL 29A-2-516

Depositing a will with a court for safekeeping, and what happens at the death

A will may be deposited by the testator or the testator's agent with any court for safekeeping. The will must be sealed and kept confidential.

Upon being informed of the testator's death, the court shall notify any person designated to receive the will and deliver it to that person on request; or the court may deliver the will to the appropriate court.

South Dakota · general information · checked October 24, 2026 · SDCL 29A-2-515

The same page for other states

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FAQ

Common questions

The funeral director, or person acting as such, who first assumes custody of a dead body shall file a fact of death record. The funeral director shall obtain the personal data from the next of kin or the best qualified person or source available.

A fact of death record for each death which occurs in this state shall be filed with the department within five days after such death.

South Dakota · general information · checked October 24, 2026 · SDCL 34-25-25

The licensed physician, physician assistant, or certified nurse practitioner, if any, last in attendance on any person whose death occurs in this state, shall complete, sign, and file a medical certificate with the department within five days of the date of death

South Dakota · general information · checked October 24, 2026 · SDCL 34-25-18

After the death of a testator and on request of an interested person, a person having custody of a will of the testator shall deliver it with reasonable promptness to an appropriate court or to a person able to secure its probate. A person who willfully fails to deliver a will is liable to any person aggrieved for any damages that may be sustained by the failure.

South Dakota · general information · checked October 24, 2026 · SDCL 29A-2-516

A will may be deposited by the testator or the testator's agent with any court for safekeeping. The will must be sealed and kept confidential.

Upon being informed of the testator's death, the court shall notify any person designated to receive the will and deliver it to that person on request; or the court may deliver the will to the appropriate court.

South Dakota · general information · checked October 24, 2026 · SDCL 29A-2-515

For anyone who would rather their family found it all in one place than went looking.

A couple. A parent. An adult child and a parent, doing it together. One sitting starts it; keep it current, and tell someone where it is.

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