Small estate affidavit in South Dakota: who can use it and how
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.
Up to $100,000, 30 days after the death, no court filing.
Checked against official sources: October 30, 2026.
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
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
Questions about small estates in South Dakota
How long must I wait to use the affidavit in South Dakota?
At least 30 days must have passed since the death.
What does the affidavit cost in South Dakota?
No court filing fee, because the affidavit is not filed with a court.
Am I responsible for debts if I use the affidavit in South Dakota?
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.
Related pages
- 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
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.