Settle a small estate in South Dakota without probate
In South Dakota this is called: Collection of personal property by affidavit (small estate affidavit); succession to real property by affidavit. If the person's whole estate, minus liens, is $100,000 or less, the people who inherit can collect personal property by giving the holder an affidavit after 30 days, without a court case.
Up to $100,000, 30 days after the death, no court filing.
Checked against official sources: October 30, 2026.
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Free tools
Small estate checker
Add up the estate and compare it with the South Dakota limit for the date of death.
Letter to a bank
Present your signed affidavit to a bank or other holder in South Dakota.
Balance request letter
Ask a bank or holder for the balance on the date of death.
What-to-gather checklist
Papers, steps, forms and fees for South Dakota, by procedure.
Car, bank, house in South Dakota
Car or other vehicle
Heirs transfer a vehicle title with the Department of Revenue's Succession Affidavit through the county treasurer's office. A vehicle titled with a transfer on death (TOD) beneficiary goes to that beneficiary, who applies for a new title with a copy of the death certificate; vehicles with a TOD beneficiary must not have open liens.
Bank accounts
Money in a joint account belongs to the surviving owner, and a POD account goes to the named payee. For an account in the person's name alone, the successor can use the small estate affidavit after 30 days if the entire estate, minus liens, is $100,000 or less.
House or land
The people who inherit low-value South Dakota real estate sign an affidavit and file it, with a certified death certificate, at the register of deeds in each county where the property is.
Related pages
- Small estate affidavit in South Dakota
- Car title after a death in South Dakota
- Bank accounts after a death in South Dakota
- House without probate in South Dakota
- Small estate checker for South Dakota
- Letter to a bank in South Dakota
- Balance request letter for South Dakota
- What-to-gather checklist for South Dakota
- All about small estates in South Dakota
Collection of personal property by affidavit (small estate affidavit)
The person who inherits signs an affidavit and gives it to the bank, company or person holding the property, which must then pay or hand it over. Nothing is filed with a court.
- Limit
Up to $100,000 Counted after subtracting liens (what is owed on the property).
The entire estate, wherever located, minus liens and encumbrances, cannot be more than $100,000. The affidavit also requires that the person owed no debt to the Department of Social Services for Medicaid nursing home or other institutional care.
- What counts
The value of the person's entire estate, wherever located, minus liens and encumbrances.
- Waiting period
At least 30 days must have passed since the death.
- Who can use it
A person claiming to be the successor (an heir or will beneficiary entitled to the property), or someone acting on the successor's behalf. The Department of Social Services can also use the affidavit to collect a Medicaid debt.
- Court or where to file
Not filed with a court. You give it to the holder of the property.
- Notary
It is an affidavit (sworn statement).
- Papers to attach
- Death certificate, if the holder asks for it
- Steps
- Wait until at least 30 days after the death.
- Check that no one has applied to be personal representative anywhere and that the person owed no Medicaid nursing home or institutional care debt to the Department of Social Services.
- Sign an affidavit with the five statements the law requires.
- Give it to each holder; a transfer agent must re-register securities.
- Use what you collect to pay liens, allowances, funeral and administration costs and creditors as the law requires, then distribute the rest.
- Fee
No court filing fee, because the affidavit is not filed with a court.
- Debts and responsibility
The person who collects property by affidavit is responsible for seeing that it is applied to liens and encumbrances, the homestead allowance, exempt property, family allowance, funeral expenses, administration costs and creditor claims, as the law requires, before the rest goes to heirs and devisees. Anyone who receives property this way must answer for it to a later personal representative or anyone with a better right. The affiant submits to the South Dakota courts in any case about the affidavit.
- What the bank or holder must do
The holder must pay or deliver on a proper affidavit and is then released as if it had dealt with a personal representative; it need not check the affidavit. If it refuses, the property can be recovered in a court proceeding on proof of the facts in the affidavit. If the holder knows the person owed the Department of Social Services for Medicaid nursing home or institutional care, it may not pay anyone (except for funeral expenses) until the Department is paid or issues a satisfaction.
Law: S.D. Codified Laws secs. 29A-3-1201, 29A-3-1202, 29A-3-817
Source: Official page
Succession to real property by affidavit
The people who inherit low-value South Dakota real estate sign an affidavit and file it, with a certified death certificate, at the register of deeds in each county where the property is.
- Limit
Up to $50,000
The person's interest in all South Dakota real estate together cannot be worth more than $50,000.
- What counts
The value of the person's interest in all real property in South Dakota. Non-agricultural land may be valued as shown on the assessment rolls for the year of death; agricultural land is valued at fair market value on the date of death.
- Waiting period
At least 60 days must have passed since the death.
- Who can use it
Everyone claiming as a successor (or people legally acting for them) must sign. A successor can claim through the homestead allowance, the family allowance, intestacy or the will.
- Court or where to file
Filed with the register of deeds in every county where the real estate is (not a court).
- Notary
Each signer swears or affirms that the statements are true and that false statements can bring criminal penalties.
- Papers to attach
- Certified or authenticated copy of the death certificate
- Description of the real property and the person's interest in it
- Each successor's relationship to the person and the value of the person's entire estate
- Statement that the person owed no debt to the Department of Social Services for Medicaid nursing home or other institutional care
- Steps
- Wait until at least 60 days after the death.
- Check the value of the person's interest in all South Dakota real estate (assessment rolls for non-agricultural land; fair market value for agricultural land).
- Write the affidavit with the ten statements the law requires; if claiming under a will, check for any later will.
- All claiming successors sign.
- File it with a certified death certificate at the register of deeds in each county where the property is.
- Fee
The register of deeds charges its recording fee; the law says the transfer is not subject to the real estate transfer fee.
- Debts and responsibility
A successor named in the affidavit has the same protection and liability as a distributee who received a deed of distribution, and must see that the property is applied to liens, allowances, funeral and administration costs and creditor claims. A good-faith purchaser or lender takes title free of the estate's claims.
Law: S.D. Codified Laws sec. 29A-3-1203 (SL 2022, ch. 89)
Source: Official page
What counts toward the limit in South Dakota
Add up the value of the person's entire estate, wherever located, and subtract liens and encumbrances (such as a mortgage or car loan).
Law: S.D. Codified Laws sec. 29A-3-1201(a)(1)
In this state the total is counted after subtracting liens.
| Kind of property | How it is treated | Details |
|---|---|---|
Bank accounts in the person's name alone | Counts | Accounts in the person's name alone count. Law: SDCL 29A-3-1201(a)(1) |
Joint or payable-on-death (POD) bank accounts | Left out | On the death of a joint owner, the money in a joint account belongs to the surviving owner, and a POD account belongs to the POD payee. Law: SDCL 29A-6-104 |
Cars and other vehicles | Counts | A vehicle counts at its value minus any loan (lien). Law: SDCL 29A-3-1201(a)(1) |
Boats and mobile or manufactured homes | Counts | Boats and other property count, minus liens. Law: SDCL 29A-3-1201(a)(1) |
Real estate in South Dakota | Counts | The limit covers the 'entire estate', so South Dakota real estate counts, minus mortgages and liens. Real estate itself is transferred by the separate real property affidavit (up to $50,000) or probate. Law: SDCL 29A-3-1201(a)(1), 29A-3-1203 |
Main home (primary residence) | Counts | The home counts at its value minus the mortgage and other liens. Law: SDCL 29A-3-1201(a)(1) |
Real estate in another state | Counts | The estate 'wherever located' counts, so property in other states counts too (minus liens). Law: SDCL 29A-3-1201(a)(1) |
Unpaid wages owed to the person | Counts | Money owed to the person counts. Law: SDCL 29A-3-1201(a) |
Military pay owed to the person | Not clear | The affidavit law does not mention military pay. Law: SDCL 29A-3-1201 |
Life insurance or retirement money paid to a named person | Not clear | The affidavit law does not say whether benefits paid to a named beneficiary are part of the 'entire estate'. Law: SDCL 29A-3-1201 |
Life insurance or retirement money paid to the estate | Counts | Money payable to the estate counts. Law: SDCL 29A-3-1201(a) |
Property in a living trust | Not clear | The affidavit law does not mention living-trust property. Law: SDCL 29A-3-1201 |
Property owned jointly with right of survivorship | Not clear | The affidavit law does not say how property held in joint tenancy (other than accounts) is treated. Law: SDCL 29A-3-1201 |
Property going to a surviving spouse | Counts | Estate property counts even if it goes to the spouse. Law: SDCL 29A-3-1201(a)(1) |
Stocks, bonds and brokerage accounts | Counts | Stocks in the person's name alone count; a transfer agent must re-register them on the affidavit. Law: SDCL 29A-3-1201(b) |
Furniture, jewelry and other belongings | Counts | Tangible personal property counts. Law: SDCL 29A-3-1201(a) |
Source: Official page
Car or vehicle title after a death in South Dakota
Heirs transfer a vehicle title with the Department of Revenue's Succession Affidavit through the county treasurer's office. A vehicle titled with a transfer on death (TOD) beneficiary goes to that beneficiary, who applies for a new title with a copy of the death certificate; vehicles with a TOD beneficiary must not have open liens.
Law: S.D. Codified Laws secs. 32-3-80 to 32-3-84 (SL 2025, ch. 116)
Source: Form 1013
- Agency
- South Dakota Department of Revenue, Motor Vehicle Division (titles through the county treasurer)
- Fee
Title fees apply; ask the county treasurer.
- Transfer-on-death title
An owner can name a transfer on death beneficiary on the title application at the county treasurer's office; all owners must approve in writing, and the vehicle must have no liens. The beneficiary has no rights while the owner is alive. After the death, the beneficiary submits an affidavit verifying the death (the Department of Revenue asks for a copy of the death certificate) and gets a new title.
Source: Official page
Bank accounts after a death in South Dakota
Money in a joint account belongs to the surviving owner, and a POD account goes to the named payee. For an account in the person's name alone, the successor can use the small estate affidavit after 30 days if the entire estate, minus liens, is $100,000 or less. If the bank knows the person owed the Department of Social Services for Medicaid nursing home care, it cannot pay (except funeral expenses) until the Department is paid.
Law: S.D. Codified Laws secs. 29A-6-104, 29A-3-1201, 29A-3-817
Source: Official page
Transfer-on-death (TOD) and payable-on-death (POD) in South Dakota
- Real estate (TOD deed)
Yes · Transfer on death deed (South Dakota Real Property Transfer on Death Act)
An owner can record a transfer on death deed so South Dakota real estate passes to a named beneficiary at death. It must have the formalities of a recordable deed, say the transfer happens at the owner's death, and be recorded with the register of deeds in the county where the property is before the owner dies. After the death, the beneficiary can be liable for the owner's debts if other property is not enough. A creditor or personal representative must sue the beneficiary within six months after the death; for Medicaid recovery, the Department of Social Services has until the earlier of two years after the death or six months after it gets written notice of the death.
Law: S.D. Codified Laws secs. 29A-6-401 to 29A-6-435
- Vehicle title (TOD)
Yes
Law: S.D. Codified Laws secs. 32-3-80 to 32-3-84
- Bank account (POD)
Yes
Law: S.D. Codified Laws secs. 29A-6-101 to 29A-6-114
- Securities (TOD)
Yes
Law: S.D. Codified Laws secs. 29A-6-301 to 29A-6-311
Source: Official page
Surviving spouse in South Dakota
A surviving spouse or minor children are entitled to a homestead allowance, and the spouse to exempt property, in addition to any share under the will or intestacy. The spouse and minor or dependent children also get a family allowance, which the personal representative can set at up to $18,000 as a lump sum or $1,500 a month for one year without court approval. These have priority over creditors' claims.
Law: SDCL ch. 43-31; SDCL ch. 43-45
Debts of the person in South Dakota
A person who collects property by affidavit must apply it to liens, the homestead allowance, exempt property, the family allowance, funeral expenses, administration costs and creditor claims before giving the rest to the heirs, and is answerable to a later personal representative.
Medicaid estate recovery in South Dakota
Medicaid paid for a person in a nursing facility or other medical institution, and for a person 55 or older for nursing facility, home and community-based, hospital and prescription drug services, is a debt owed to DSS. DSS may also claim against the estate of the recipient's surviving spouse; the spouse can petition DSS within six months of the recipient's death to limit that responsibility. The small estate and real property affidavits can only be used if the person owed no debt to DSS for nursing home or other institutional care. DSS can itself collect personal property by affidavit, and holders who know of the debt must pay DSS first (except funeral expenses).
Law: S.D. Codified Laws secs. 28-6-23, 28-6-23.1, 29A-3-817, 29A-3-1201(a)(4), 29A-3-1203(9)
- Agency
- South Dakota Department of Social Services (DSS)
- Official page
- Official page
Who inherits with no will in South Dakota
If there is no will: the surviving spouse gets everything if the person has no descendants, or if all of the person's descendants are also the spouse's. If the person has descendants who are not the spouse's, the spouse gets the first $100,000 plus half of the rest, and the descendants share the other part. With no spouse, it goes to descendants; then parents; then the parents' descendants (brothers, sisters, nieces, nephews); then grandparents and their descendants, half to each side.
Law: S.D. Codified Laws secs. 29A-2-102, 29A-2-103
Source: Official page
Death certificates in South Dakota
Death certificates can be ordered in person, by mail, by phone or online from South Dakota Vital Records. A certified copy costs $15.00; phone and internet orders add an $11.50 expedite fee. Proper identification is required.
- Where to get it
- South Dakota Department of Health, Vital Records
- Official page
- Official page
Where to file in South Dakota
The small estate affidavit for personal property is not filed anywhere; it goes to the bank or holder. The real property affidavit is filed, with a certified death certificate, at the register of deeds in each county where the land is. Vehicle titles are handled by the county treasurer.
Good to know in South Dakota
- The small estate affidavit cannot be used if the person owed the Department of Social Services for Medicaid nursing home or institutional care.
- Since 2022, low-value South Dakota real estate (up to $50,000) can pass by an affidavit filed with the register of deeds 60 days after the death.
- Since 2025, vehicle titles can name a transfer on death beneficiary.
Changes in 2024–2026
SL 2025, ch. 116 added transfer on death beneficiaries for vehicle and boat titles. Earlier: SL 2022, ch. 88 amended the personal property affidavit (current limit $100,000) and SL 2022, ch. 89 created the real property affidavit ($50,000).
Law: SDCL 32-3-80 to 32-3-84
National rules that apply in every state
Federal estate tax
- For a person who died in 2026, a federal estate tax return (Form 706) is required only if the gross estate, plus certain lifetime taxable gifts, is more than $15,000,000.
- Most estates owe no federal estate tax and do not need to file a federal estate tax return.
Law: 26 U.S.C. 2010(c)(3) (as amended by Pub. L. 119-21)
The final income tax return
- Report all income up to the date of death and claim all eligible credits and deductions.
- Someone must file the final federal income tax return of a person who died, the same way it would have been filed if they were alive.
- To claim a refund due to the person who died, attach Form 1310 (Statement of Person Claiming Refund Due a Deceased Taxpayer).
Law: Form 1310 instructions (Rev. December 2025)
Social Security
- Social Security retirement benefits are paid through the month before the month the person died.
- If the person had enough Social Security work credits (was fully or currently insured), a one-time death payment of $255 (or three times the person's basic benefit, if that is smaller) can be paid to a surviving spouse who lived with the person.
Law: 42 U.S.C. 402(a), 402(i)
Savings bonds
- If the person's savings bonds and other Treasury securities held directly with the Treasury are worth more than $100,000 at the date of death, the Treasury requires a court-administered estate.
Law: 31 CFR 353.71; FS Form 5336 (Rev. April 2026)
Debts
- Debts are generally paid from the money and property the person left (the estate).
- If the estate cannot pay a debt and no one else shared responsibility for it, the debt may go unpaid.
- You may have to pay if you co-signed the loan, were a joint account holder on a credit card (not just an authorized user), or state law makes a spouse responsible for certain debts, such as in community property states or states with laws on necessary costs like health care.
Law: 12 CFR 1006.6(a)(4)
A house with a mortgage
- For a home with fewer than five units, a lender may not call the whole loan due just because the home passes to a relative after the borrower's death, to a spouse or children who become owners, or to a surviving joint owner.
- Https://www.consumerfinance.gov/ask-cfpb/how-do-i-get-mortgage-information-about-a-home-i-inherited-en-217/
- Https://www.consumerfinance.gov/ask-cfpb/i-recently-inherited-a-house-the-mortgage-lender-said-its-required-to-determine-my-ability-to-repay-before-it-will-let-me-take-over-the-mortgage-loan-is-this-true-en-1939/
Law: 12 U.S.C. 1701j-3(d)(3), (5), (6); 12 CFR 1024.30(d), 1024.31
FDIC insurance on bank accounts
- After a deposit owner dies, FDIC insurance on the account stays the same for six months, unless the account is restructured.
Law: 12 CFR 330.3(j)
Medicaid estate recovery
- States must try to recover some Medicaid costs from the estate of a person who got benefits at age 55 or older: nursing facility services, home and community-based services, and related hospital and prescription drug services.
- The 'estate' includes at least the property in the person's probate estate under state law.
- Https://www.govinfo.gov/link/uscode/42/1396p?type=usc&year=mostrecent&link-type=html
Law: 42 U.S.C. 1396p(b)
Death certificates
- Certified copies of a death certificate come from the vital records office of the state where the death happened, not from the federal government.
Free help in South Dakota
A court self-help center or a legal aid office can check whether the estate qualifies, free of charge or at low cost.
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Questions about small estates in South Dakota
What is a small estate affidavit called in South Dakota?
In South Dakota this is called: Collection of personal property by affidavit (small estate affidavit); succession to real property by affidavit. If the person's whole estate, minus liens, is $100,000 or less, the people who inherit can collect personal property by giving the holder an affidavit after 30 days, without a court case.
What is the small estate limit in South Dakota?
Up to $100,000, 30 days after the death, no court filing.
How long do I wait in South Dakota?
At least 30 days must have passed since the death.
Do I have to go to court in South Dakota?
Not filed with a court. You give it to the holder of the property.
How do I transfer a car after a death in South Dakota?
Heirs transfer a vehicle title with the Department of Revenue's Succession Affidavit through the county treasurer's office. A vehicle titled with a transfer on death (TOD) beneficiary goes to that beneficiary, who applies for a new title with a copy of the death certificate; vehicles with a TOD beneficiary must not have open liens.
What happens to a bank account after a death in South Dakota?
Money in a joint account belongs to the surviving owner, and a POD account goes to the named payee. For an account in the person's name alone, the successor can use the small estate affidavit after 30 days if the entire estate, minus liens, is $100,000 or less.
Who inherits in South Dakota if there is no will?
If there is no will: the surviving spouse gets everything if the person has no descendants, or if all of the person's descendants are also the spouse's. If the person has descendants who are not the spouse's, the spouse gets the first $100,000 plus half of the rest, and the descendants share the other part.
Do I owe the person's debts in South Dakota?
A person who collects property by affidavit must apply it to liens, the homestead allowance, exempt property, the family allowance, funeral expenses, administration costs and creditor claims before giving the rest to the heirs, and is answerable to a later personal representative.
- SDCL 29A-3-1201 Collection of personal property by affidavit
- SDCL 29A-3-1202 Effect of affidavit
- SDCL 29A-3-1203 Succession to real property by affidavit
- SDCL 29A-3-817 DSS claim
- SDCL chapter 29A-6 Non-probate transfers
- SDCL 29A-2-102, 29A-2-103 Intestate shares
- SDCL 29A-2-402, 29A-2-403 Allowances
- SDCL 28-6-23 Medicaid recovery
- SDCL chapter 32-3 (vehicle TOD)
- SD DOR: Title, Fees & Registration
- SD Department of Health: Vital Records Fees