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Small estate affidavit in South Dakota (2026)

In South Dakota, heirs can collect up to $100,000 without probate with a sworn affidavit (Collection of personal property by affidavit (SDCL 29A-3-1201)). You must wait 30 days after the death. Real estate: separate procedure (up to $50,000). Last checked .

South Dakota at a glance

Affidavit cap
$100,000
Value counted
Net value (after liens and encumbrances)
Waiting period
30 days
If there is a will
Can still be used
File with a court
No
Real estate
Separate procedure (up to $50,000)
Court shortcut
Informal or formal probate (no separate summary administration)

Can you use it?

Enter the date of death and the value. Nothing you type leaves your browser.

Enter the date of death and the value

    South Dakota cap for this date of death

    $100,000

    A worked example for South Dakota

    Say a parent who lived in South Dakota died on March 1, 2026, leaving $80,000 in a bank account in their name only and no house. $80,000 is within the $100,000 cap for that date of death, so the family can use the affidavit from March 31, 2026.

    The rules in South Dakota

    • The affidavit. The successor presents an affidavit to banks, debtors and others holding the decedent's personal property, who must pay or deliver it. It is not filed with a court.
    • Cap. The whole estate, less liens and encumbrances, must not exceed $100,000.
    • What counts. The value of the entire estate wherever located, including real estate, less liens and encumbrances.
    • What doesn't count. Non-probate assets (joint with survivorship, POD/TOD, beneficiary-designated property).
    • Waiting period. Thirty days must have passed since the death.
    • Conditions. No application or petition for a personal representative may be pending or granted anywhere. The decedent must not owe the Department of Social Services for nursing-home or other institutional medical assistance. The affiant must apply what is received to liens, allowances, funeral and administration expenses and creditor claims before distributing.
    • Who can sign. A person claiming to be the decedent's successor, or someone on the successor's behalf. The Department of Social Services may also use the affidavit to collect a Medicaid claim.
    • Court filing. No court filing for the personal-property affidavit. The real-property affidavit is recorded with the register of deeds.

    Houses, land and vehicles

    • Real estate. Sixty days after death, all claiming successors may sign and file an affidavit of succession to real property, with a certified death certificate, in the register of deeds office of each county where the land is. The decedent's South Dakota real property must be worth $50,000 or less (assessed value for non-agricultural land; fair market value for agricultural land), no personal representative petition may be pending or granted, and no DSS medical-assistance debt may exist.
    • Vehicles. The Department of Revenue's Succession Affidavit (Form 1013) lets an heir title a South Dakota vehicle through the county treasurer when there is no probate.

    When the affidavit isn't enough

    South Dakota's Part 12 contains only the two affidavits; it has no summary administration section. Estates over the limits use informal or formal probate under SDCL chapter 29A-3.

    Good to know in South Dakota

    • The affiant submits personally to South Dakota courts and is accountable to any later personal representative or person with a superior right (§ 29A-3-1202).
    • A false real-property affidavit may bring criminal penalties (§ 29A-3-1203(10)).
    • No official UJS small-estate self-help page or form was found.

    Sources

    Legal information, not legal advice. Caps and forms change — confirm with the court or the statute before you sign. How we check: methodology.

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