Free South Dakota Small Estate Affidavit

Prepare the South Dakota small estate affidavit for estates up to $100,000, plus presentation letters for each holder. SDCL 29A-3-1201, 29A-3-1202.

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Your Information

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

Skipping probate?Settle the whole estate in one place.

State Where the Property Is Collected*

The decedent's state. Only states where this tool prepares the affidavit are listed; other states' pages explain their procedure.

Your Full Legal Name*

The successor signing the affidavit.

Your Entitlement to the Property*

Street Address*

City*

State

ZIP Code*

Telephone

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Frequently Asked Questions About South Dakota Small Estate Affidavits

No statewide form. SDCL 29A-3-1201(a) sets what the affidavit must state, and the affidavit is drafted to those requirements; the required elements print with the document as a checklist.

$100,000, per SDCL 29A-3-1201, 29A-3-1202. This tool checks the entered estate value against the limit and does not prepare an affidavit for an estate over it.

30 days after the death (SDCL 29A-3-1201, 29A-3-1202). The affidavit states that the waiting period has elapsed, so it cannot be signed earlier.

A person claiming to be the successor of the decedent; the affidavit may be made by or on behalf of the successor. SDCL 29A-3-1201(a).

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 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)). The affiant is responsible for applying the property to liens, encumbrances, allowances, funeral expenses, administration expenses, and creditor claims, and distributing the remainder to heirs and devisees (SDCL 29A-3-1202(d)), and submits personally to the jurisdiction of South Dakota courts in any proceeding relating to the affidavit (SDCL 29A-3-1202(e)).

The § 29A-3-1201 affidavit covers personal property only. Real property has a separate affidavit procedure: SDCL 29A-3-1203 (succession to real property by affidavit) — signed by all claiming successors and filed, with a certified copy of the death certificate, with the register of deeds in each county where the real property is located; the decedent's interest in all SD real property must not exceed $50,000, with a 60-day wait. Non-agricultural real estate may be valued from the assessment rolls for the year of death; agricultural real estate is valued at fair market value on the date of death. SDCL 29A-3-1203.

Small Estate Collection in South Dakota

South Dakota has no statewide affidavit form; SDCL 29A-3-1201(a) sets what the affidavit must state, and the successor prepares the affidavit to those requirements. It collects the decedent's property without opening probate.

Eligibility runs on the numbers: the estate qualifies when its value does not exceed $100,000, per SDCL 29A-3-1201, 29A-3-1202. The affidavit can be signed 30 days after the death.

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Frequently Asked Questions About South Dakota Small Estate Affidavits

No statewide form. SDCL 29A-3-1201(a) sets what the affidavit must state, and the affidavit is drafted to those requirements; the required elements print with the document as a checklist.

$100,000, per SDCL 29A-3-1201, 29A-3-1202. This tool checks the entered estate value against the limit and does not prepare an affidavit for an estate over it.

30 days after the death (SDCL 29A-3-1201, 29A-3-1202). The affidavit states that the waiting period has elapsed, so it cannot be signed earlier.

A person claiming to be the successor of the decedent; the affidavit may be made by or on behalf of the successor. SDCL 29A-3-1201(a).

Small Estate Collection in South Dakota

Eligibility runs on the numbers: the estate qualifies when its value does not exceed $100,000, per SDCL 29A-3-1201, 29A-3-1202. The affidavit can be signed 30 days after the death.

Free South Dakota Small Estate Affidavit

Your Information

Frequently Asked Questions About South Dakota Small Estate Affidavits