Detailed answer — how to confirm an original will

Under South Dakota law, an “original” will generally means the paper (or other tangible medium) that the testator signed in the presence of the required witnesses and, if applicable, contains the testator’s and witnesses’ original signatures and any notarial acknowledgments. To confirm whether the document you have is the original, follow these steps.

1. Look for original signatures and notarial marks

Examine the document closely. An original will usually has:

• the testator’s handwritten signature (often at the end of the document);
• witness signatures (the witnesses’ original, handwritten signatures and any printed names and addresses);
• if the will is “self-proved,” a notary acknowledgment and a self-proving affidavit signed and notarized at the time of execution. A notary seal or stamp (embossed or ink) is another indicator of an original document.

2. Compare physical characteristics

Check the paper and ink. Originals may show ink variation, indentation from pen pressure, or an embossed notary seal. Photocopies typically look flat, uniform, or grainy. If the signatures appear exactly the same as printed text or have a dotted pattern, they are likely printed copies.

3. Check for a self-proving affidavit

South Dakota accepts self-proved wills. A self-proving affidavit is a sworn statement, signed by the testator and witnesses before a notary when the will is executed. If present and genuine, it usually makes probate easier because the court can accept the will without requiring live testimony from the witnesses. Look for a notary block and seal and the witnesses’ and testator’s notarized signatures.

4. Ask whether the original was filed with the probate court or held by an attorney or bank

Many people or their attorneys file the original will with the local probate clerk or place it in safe deposit boxes or attorney trust files. Contact the attorney who prepared the will (if known), or the probate clerk in the county where the testator lived. The South Dakota Codified Laws for probate matters are grouped in Title 29A; you can review the probate statutes at the South Dakota Legislature site: https://sdlegislature.gov/Statutes/Title/29A.

5. If you only have a copy, find the original or evidence of authenticity

If the original is missing, South Dakota law provides procedures for proving a lost will. That typically requires evidence that the will existed, its contents, and that it was properly executed. Contacts to make include:

• the attorney who drafted the will;
• the named witnesses (their testimony can prove proper execution);
• the custodian of any safe deposit box or records where the original might be kept.

6. If you suspect forgery or tampering

Do not alter the document. Preserve it in the condition you received it and avoid handling it more than necessary. Make a copy for your records, note who gave you the document and under what circumstances, and contact an attorney. The attorney can advise whether to seek a forensic document examiner (handwriting analysis) and can help preserve chain-of-custody for later court proceedings.

7. Presenting the will to the probate court

To begin probate, an original will is usually filed with the county probate court when someone asks the court to open an estate. If you have doubts about originality but want to start probate, discuss with a probate attorney or with the probate clerk whether to file the copy and what supporting evidence is needed. The probate court will follow statutory rules when accepting a will or admitting a copy where the original is lost.

8. Practical checklist

1. Inspect the document for original signatures, witness signatures, notary seal, and a self-proving affidavit.
2. Ask the person who gave you the document where they got it and whether they know the original’s location.
3. Contact the drafting attorney, witnesses, and any bank or safe deposit custodian.
4. If the original is missing, collect evidence supporting the will’s execution and contents.
5. If you suspect fraud or tampering, preserve the document and consult an attorney immediately.

Helpful hints

• Keep the document safe and in its current condition. Do not write on or staple the will.
• Photograph the document (for your files) but keep the original secure. Date and note where you stored it.
• Contact the probate clerk in the county where the deceased lived for local filing rules and to ask whether an original will is already on file.
• If witnesses are available, ask them whether they remember signing and where the testator executed the will. Their recollection can be strong evidence of a valid original.
• Self-proving wills speed probate. If the document contains a proper self-proving affidavit and original notary acknowledgment, that is strong evidence of an authentic original.
• If you cannot locate the original, a court may allow a copy to be admitted if there is satisfactory proof of the original’s execution and reasons for its absence. Collect as much corroborating evidence as possible.
• When in doubt, consult a South Dakota probate attorney. An attorney can explain how Title 29A of the South Dakota Codified Laws applies to your situation and help prepare the filings the court will expect.