South Dakota Small Estate Affidavit Form

• Maximum Amount: $100,000, the value of the entire estate, wherever located, less liens and encumbrances. The affidavit covers personal property only, not real estate.^[1]
• Signing Requirements: A sworn affidavit.^[2]
• Where to File: Not filed with the court, presented directly to the person or institution holding the asset.^[3]
• When to File: 30 days after death.^[4]
• Survivor Requirements: A rightful heir must survive the decedent by at least 120 hours (5 days).^[5]

If the decedent did not have a will, the beneficiary hierarchy is as follows:

• Spouse: The surviving spouse receives the entire estate. South Dakota gives the spouse everything when all children are shared (or there are no children), and otherwise the first $100,000 plus one-half, so an estate within the $100,000 small estate limit passes entirely to the spouse.^[6]
• No Spouse, Children: If there is no surviving spouse, the estate passes to the decedent’s descendants, with a deceased child’s share passing to that child’s descendants.^[7]

Step 1 – Wait 30 Days

At least 30 days must pass after the decedent’s death before the affidavit may be used.^[8]

Step 2 – Confirm the Estate Qualifies

The entire estate (less liens and encumbrances) must be $100,000 or less, the assets must be personal property, no personal representative may be pending or appointed, and there must be no Medicaid debt to the Department of Social Services.^[9]

Step 3 – Prepare the Affidavit

Prepare the sworn affidavit stating the value limit, that 30 days have passed, that no probate is pending, and that the affiant is entitled to the property.^[10]

Step 4 – Sign the Affidavit

Execute the affidavit under oath (notarized).^[11]

Step 5 – Present the Affidavit to the Asset Holder

Present the affidavit, typically with a death certificate, to the bank, transfer agent, or other holder of the property to obtain payment or transfer.^[12]