South Dakota Small Estate Affidavit

The South Dakota Small Estate Affidavit is a state-specific form used for acquiring the belongings of a family member that passed away. 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. Unlike the standard probate process, small estate affidavits are fast and simple. Having said, the situations in which they can be used are rather specific. In South Dakota, the person that died (officially known as the “decedent” in legal terms), has to have been passed for a minimum of thirty (30) days, and the total estate value of the decedent cannot be more than $50,000.

Laws & Required Conditions

Laws: § 29A-3-1201

Maximum Estate Value: $50,000

Required Conditions: Should a person decide to file the affidavit, they must make sure all state law requirements are fulfilled:

  • Thirty (30) days or more must have passed since the decedent’s death.
  • 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.
  • The individual pursuing the estate must be warranted to do so, as per South Dakota law provisions.