Small estate checker for South Dakota

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

1. Wait until at least 30 days after the death.
2. 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.
3. Sign an affidavit with the five statements the law requires.
4. Give it to each holder; a transfer agent must re-register securities.
5. 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

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

1. Wait until at least 60 days after the death.
2. 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).
3. Write the affidavit with the ten statements the law requires; if claiming under a will, check for any later will.
4. All claiming successors sign.
5. 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