South Dakota § 29A-3-406 - Formal testacy proceedings--Contested cases--Testimony of attesting witnesses.
Full text of South Dakota South Dakota Codified Laws § 29A-3-406 — Formal testacy proceedings--Contested cases--Testimony of attesting witnesses., with citation guidance and answers to common questions.
§ 29A-3-406. Formal testacy proceedings--Contested cases--Testimony of attesting witnesses.
(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.
Source: SL 1994, ch 232, § 3-406.
Source: official South Dakota text · Last verified 2026-08-27
Frequently Asked Questions About South Dakota § 29A-3-406
What does South Dakota Codified Laws § 29A-3-406 cover?
Section 29A-3-406 ("Formal testacy proceedings--Contested cases--Testimony of attesting witnesses.") is part of the South Dakota Codified Laws, the codified statutory law of South Dakota. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite South Dakota § 29A-3-406?
A common citation format is "South Dakota Codified Laws § 29A-3-406" (South Dakota). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of South Dakota law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the South Dakota official source linked on this page or consult a licensed South Dakota attorney.
How does South Dakota § 29A-3-406 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in South Dakota can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in South Dakota.