Free South Dakota Small Estate Affidavit

In South Dakota, the Small Estate Affidavit covers estates valued at $100,000 or less, 30 days after death, presented directly to the bank or other holder, not filed with a court.

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Your Information

The South Dakota affidavit identifies the claiming successor and the basis of entitlement.

State Where the Property Is Collected*

The decedent's state. Only states where this tool prepares the affidavit are listed.

Your Full Legal Name*

The successor signing the affidavit.

Your Entitlement to the Property*

Street Address*

City*

State

ZIP Code*

Telephone

Email Address*

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No. South Dakota publishes no statewide form; the affidavit is prepared to the statute, which lists 5 statements the affidavit must contain.

In South Dakota, estates valued at $100,000 or less skip probate with the Small Estate Affidavit, 30 days after death. Real property is outside the affidavit, which reaches personal property only. South Dakota sets the limit by the decedent's date of death; an earlier death may be measured against a lower figure. An estate over the limit does not qualify, and no affidavit is prepared for it.

30 days after the death. The affidavit states that the period has passed, so it cannot be signed earlier.

The Small Estate Affidavit is presented directly to the bank, employer, or other holder of the property — it is not filed with a court. The person indebted to the decedent or having possession of the decedent's tangible personal property or an instrument evidencing a debt, obligation, stock, or chose in action; a transfer agent of any security shall change registered ownership on presentation of the affidavit (SDCL 29A-3-1201(b)).

A person claiming to be the successor of the decedent; the affidavit may be made by or on behalf of the successor.

Small Estate Collection in South Dakota

South Dakota publishes no statewide form; the affidavit is prepared to the statute. The statute lists 5 statements the affidavit must contain. South Dakota's name for the procedure is “Small Estate Affidavit”, and it collects the decedent's property from whoever holds it without a probate case being opened.

The ceiling is $100,000; an estate over it does not qualify. Real estate is outside it; it reaches personal property. The ceiling is set by the decedent's date of death, so an earlier death may be measured against a lower figure. The affidavit may be signed 30 days after the death.

South Dakota says who may sign: A person claiming to be the successor of the decedent; the affidavit may be made by or on behalf of the successor.

Who receives it: The person indebted to the decedent or having possession of the decedent's tangible personal property or an instrument evidencing a debt, obligation, stock, or chose in action; a transfer agent of any security shall change registered ownership on presentation of the affidavit (SDCL 29A-3-1201(b)).

The effect on the holder and on the successor: The person paying, delivering, transferring, or issuing property pursuant to the affidavit is discharged and released as if the person had dealt with a personal representative, and is not required to inquire into the truth of any statement in the affidavit (SDCL 29A-3-1202(a)).

SimplyTrust Editorial·Updated September 8, 2026

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Data sourced from South Dakota statutes and official state code. How we research.

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Free South Dakota Small Estate Affidavit

In South Dakota, the Small Estate Affidavit covers estates valued at $100,000 or less, 30 days after death, presented directly to the bank or other holder, not filed with a court.

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Small Estate Collection in South Dakota

South Dakota says who may sign: A person claiming to be the successor of the decedent; the affidavit may be made by or on behalf of the successor.

Free South Dakota Small Estate Affidavit

Your Information

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Free South Dakota Small Estate Affidavit

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