South Dakota § 34-26-77 - Affidavit--Designation by decedent.

Full text of South Dakota South Dakota Codified Laws § 34-26-77 — Affidavit--Designation by decedent., with citation guidance and answers to common questions.

§ 34-26-77. Affidavit--Designation by decedent.

A person who is 18 years or older and of sound mind wishing to authorize another person to control the disposition of his or her remains as referenced in § 34-26-75, may execute an affidavit before a notary public in substantially the following form:

State of _______________ }

County of ______________ }

I, __________________, do hereby designate ____________________ with the right to control the disposition of my remains upon my death. I __ have/ __ have not attached specific directions concerning the disposition of my remains which the designee shall substantially comply with, provided such directions are lawful and there are sufficient resources in my estate to carry out the directions.

Subscribed and sworn to before me this ___ day of the month of _____ of the year _____.

______________________ (signature of notary public)

Source: SL 2022, ch 113, § 4.

Source: official South Dakota text · Last verified 2026-08-27

Frequently Asked Questions About South Dakota § 34-26-77

What does South Dakota Codified Laws § 34-26-77 cover?

Section 34-26-77 ("Affidavit--Designation by decedent.") 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 § 34-26-77?

A common citation format is "South Dakota Codified Laws § 34-26-77" (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 § 34-26-77 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.