South Dakota Small Estate Affidavit Form

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South Dakota Small Estate Affidavit Form

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Last updated March 24th, 2026

A South Dakota small estate affidavit is used to transfer a deceased individual’s personal property to the successors without formal probate proceedings. A beneficiary entitled to the decedent’s estate may fill out this form and use it to collect personal property; the affidavit cannot be used for transfers of real estate. This affidavit cannot be used for transfers of real estate.

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A South Dakota small estate affidavit is used to transfer a deceased individual’s personal property to the successors without formal probate proceedings. A beneficiary entitled to the decedent’s estate may fill out this form and use it to collect personal property; the affidavit cannot be used for transfers of real estate. This affidavit cannot be used for transfers of real estate.

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Laws

  • Maximum Estate Value: $100,000[1]
  • Mandatory Waiting Period: 30 days[2]
  • Where to File: No filing requirements.

How to Use (3 Steps)

Step 1 – Requirements

A Small Estate Affidavit can be used if[3]:

  • 30 days have passed since the decedent’s death.
  • The total estate value is under $100,000.
  • There is no application pending for the appointment of a personal representative.
  • The decedent did not have unresolved debts to the Department of Social Services.
  • The affiant is entitled to the decedent’s personal property or payment.

Step 2 – Complete Affidavit

The affiant must complete the Affidavit and have it notarized. By law, collecting property through this document requires the affiant to accept responsibility for the settling of estate expenses and debts, and to distribute the remaining assets to the heirs/devisees.[4]

Step 3 – Collect Assets

The affiant may use the document to collect the decedent’s personal property from the custodians. The affiant may take legal action to recover the decedent’s assets from any parties who fail to transfer it upon presentation of the affidavit.[5]

Sources

  1. § 29A-3-1201(a)(1)
  2. § 29A-3-1201(a)(2)
  3. § 29A-3-1201(a)
  4. § 29A-3-1202(d)
  5. § 29A-3-1202(b)