Small Estate Affidavit in South Dakota

Personal property: 30 days after death, a successor may collect money owed to the decedent and the decedent's personal property (including bank accounts and securities) by affidavit if the entire estate, wherever located, less liens and encumbrances, does not exceed $100,000, no application or petition for appointment of a personal representative is pending or granted anywhere, and the decedent owes nothing to the Department of Social Services for nursing home or other institutional medical care. Real property: a separate affidavit may be filed with the register of deeds in each county where the land is located, at least 60 days after death, if the decedent's interest in all South Dakota real property is worth no more than $50,000 (non-agricultural land may be valued from the assessment rolls; agricultural land at fair market value), signed by all claiming successors and accompanied by a certified death certificate.

Besides the two small estate affidavits ($100,000 personal-property estate; $50,000 South Dakota real property), South Dakota follows the Uniform Probate Code: estates are ordinarily administered without court supervision after appointment of a personal representative, and bond is generally not required unless the court finds a bond is in the best interests of the estate.

If notice to creditors is published (once a week for three successive weeks), claims must be presented within four months after the first publication. Known or reasonably ascertainable creditors must receive written notice and must present claims within four months after the personal representative's appointment or 60 days after the written notice is mailed or delivered, whichever is later. In all cases, claims arising before death are barred if not presented within three years after the decedent's death.