South Dakota Small Estate Affidavit

When someone passes away, their remaining estate may be the last thing on the mind of their loved ones. However, obtaining their estate is an important step to take. A South Dakota Small Estate Affidavit (otherwise known as a “Collection of Personal Property” form) makes the entire process more accessible by enabling the executor of it to get around the relatively stricter and more complex process of an in-court probate proceeding.

Laws & Required Conditions

Laws: § 29A-3-1201

Maximum Estate Value: $50,000

Required Conditions: Should a person decide to file a South Dakota Small Estate Affidavit, they must make sure all state law requirements are fulfilled:

  • Thirty (30) days or more must have passed since the deceased person passed away,
  • There should not be a personal representative associated with the estate case,
  • The deceased person must not be indebted to the Department of Social Services for medical institutional care, and
  • The individual pursuing the estate must be warranted to do so, as per state law provisions.