Small estate affidavits in South Dakota

(a) Thirty days after the death of a decedent, any person indebted to the decedent or having possession of tangible personal property … shall make payment of the indebtedness or deliver the tangible personal property … to a person claiming to be the successor of the decedent upon being presented an affidavit made by or on behalf of the successor stating that:

(1) The value of the entire estate, wherever located, less liens and encumbrances, does not exceed $100,000;

South Dakota · general information · checked October 24, 2026 · SDCL 29A-3-1201(a)(1)

Sixty days after the death of a decedent, any person claiming to be a successor to the decedent's interest in real property in this state may file, or cause to be filed on their behalf, an affidavit describing the real property owned by the decedent and the interest of the decedent in the property.

must be filed with the register of deeds office in all counties where the real property of the decedent is located

All persons claiming as successors or parties legally acting on their behalf shall sign the affidavit.

(1) The value of the decedent's interest in all real property located in this state does not exceed fifty thousand dollars.

South Dakota · general information · checked October 24, 2026 · SDCL 29A-3-1203

(a) Thirty days after the death of a decedent, any person indebted to the decedent or having possession of tangible personal property … shall make payment of the indebtedness or deliver the tangible personal property … to a person claiming to be the successor of the decedent upon being presented an affidavit made by or on behalf of the successor stating that:

(1) The value of the entire estate, wherever located, less liens and encumbrances, does not exceed $100,000;

(2) Thirty days have elapsed since the death of the decedent; (3) No application or petition for the appointment of a personal representative is pending or has been granted in any jurisdiction; (4) The decedent has not incurred any indebtedness to the Department of Social Services for medical assistance for nursing home or other medical institutional care; and (5) The claiming successor is entitled to payment or delivery of the property.

South Dakota · general information · checked October 24, 2026 · SDCL 29A-3-1201(a)(2)–(5)

Sixty days after the death of a decedent, any person claiming to be a successor to the decedent's interest in real property in this state may file, or cause to be filed on their behalf, an affidavit describing the real property owned by the decedent and the interest of the decedent in the property.

must be filed with the register of deeds office in all counties where the real property of the decedent is located

All persons claiming as successors or parties legally acting on their behalf shall sign the affidavit.

(1) The value of the decedent's interest in all real property located in this state does not exceed fifty thousand dollars.

South Dakota · general information · checked October 24, 2026 · SDCL 29A-3-1203

Sixty days after the death of a decedent, any person claiming to be a successor to the decedent's interest in real property in this state may file, or cause to be filed on their behalf, an affidavit describing the real property owned by the decedent and the interest of the decedent in the property.

must be filed with the register of deeds office in all counties where the real property of the decedent is located

All persons claiming as successors or parties legally acting on their behalf shall sign the affidavit.

(1) The value of the decedent's interest in all real property located in this state does not exceed fifty thousand dollars.

South Dakota · general information · checked October 24, 2026 · SDCL 29A-3-1203

(2) Thirty days have elapsed since the death of the decedent; (3) No application or petition for the appointment of a personal representative is pending or has been granted in any jurisdiction; (4) The decedent has not incurred any indebtedness to the Department of Social Services for medical assistance for nursing home or other medical institutional care; and (5) The claiming successor is entitled to payment or delivery of the property.

South Dakota · general information · checked October 24, 2026 · SDCL 29A-3-1201(a)(2)–(5)

Any affiant receiving payment or delivery of personal property under this section shall be responsible for seeing that the property is applied to liens and encumbrances, homestead allowance, exempt property, family allowance, funeral expenses, expenses of administration and creditor claims, as required by law, and that any remaining property is distributed to heirs and devisees entitled thereto.

South Dakota · general information · checked October 24, 2026 · SDCL 29A-3-1202(d)

Sixty days after the death of a decedent, any person claiming to be a successor to the decedent's interest in real property in this state may file, or cause to be filed on their behalf, an affidavit describing the real property owned by the decedent and the interest of the decedent in the property.

must be filed with the register of deeds office in all counties where the real property of the decedent is located

All persons claiming as successors or parties legally acting on their behalf shall sign the affidavit.

(1) The value of the decedent's interest in all real property located in this state does not exceed fifty thousand dollars.

South Dakota · general information · checked October 24, 2026 · SDCL 29A-3-1203