Detailed answer — step‑by‑step guide under South Dakota law

South Dakota handles decedents’ estates under the state probate laws (Title 29A of the South Dakota Codified Laws). Small estate procedures let a person who is entitled to a decedent’s personal property claim that property without full probate in some situations. Before you begin, confirm that the estate qualifies for a small‑estate procedure under South Dakota law and local court rules. See South Dakota probate statutes for more detail: SDCL Title 29A (Decedents’ Estates).

1. Confirm eligibility.

   Eligibility usually depends on the total value of the decedent’s personal property subject to small‑estate procedures, whether a formal administration has already begun, and whether the property you want to claim is personal property (bank accounts, vehicles, personal effects), not real estate. If the estate’s size or circumstances require formal probate (for example, real property or contested claims), do not use a small‑estate affidavit; you may need to open formal administration in probate court.

2. Collect required supporting documents.

   Typical items you will need to include with an affidavit or present to a property custodian:

   • Certified or certified‑copy death certificate;
   • Identification for the person signing the affidavit (the claimant);
   • Documents that show your entitlement (a will naming you as beneficiary, marriage certificate, trust terms, or statutory heirship evidence);
   • Records listing the personal property and approximate values (bank statements, vehicle titles, account statements, lists of personal items);
   • Any notices required by local rules (creditor notice, if applicable).
3. Prepare the affidavit accounting for personal property.

   The affidavit should be a sworn statement that identifies the decedent and documents the personal property you are claiming. Common elements include:

   • Decedent’s full name, date of death, and last residence;
   • Your name, address, and relationship to the decedent;
   • A clear statement that you are entitled to the listed property (for example, as an heir, devisee under a will, or beneficiary of an account);
   • A schedule listing each item or account of personal property you are claiming and the approximate value of each;
   • A sworn statement about the absence of pending probate administration (if required by the statute) and whether the decedent left a will;
   • An assertion that you will pay valid debts and distribute property according to the law if required;
   • Signature block for the affiant and a notary acknowledgment (most affidavits must be notarized).

   Some court clerks or institutions use standard forms. Check your county court or the Unified Judicial System for local forms and guidance: Unified Judicial System of South Dakota.

4. Notarize the affidavit.

   Sign the affidavit in front of a notary public so the signature can be acknowledged. Many banks and other custodians will not accept an unsigned or unnotarized affidavit.

5. Provide the affidavit and supporting documents to the property custodian or file with the court.

   Depending on the type of property and local practice:

   • Present the affidavit, certified death certificate, and identification to the bank, financial institution, or other holder of the property. Institutions will review before releasing funds or property.
   • If the law or the holder requires, file the affidavit with the probate court in the county where the decedent lived. Filing may be optional in some situations but required in others. The local court clerk can tell you whether filing is necessary.
   • If multiple people claim the same property or the institution refuses to release property, you may need to open a probate proceeding and ask the court to resolve the dispute.
6. Expect possible requests or delays.

   Holders of property (banks, motor vehicle departments, brokerage firms) may require additional proof, a waiting period, or may refuse if they suspect competing claims. If the holder refuses, the usual remedy is to petition the probate court for an order directing the custodian to release the property.

Where to find the exact statutory rules and forms: consult SDCL Title 29A (Decedents’ Estates) for statutory provisions about gifts, intestate succession, and probate procedure. For local filing requirements and forms, contact the county court clerk or the Unified Judicial System of South Dakota.

Helpful hints

• Start by getting a certified copy of the death certificate — most institutions require it.
• Value and list only the personal property subject to small‑estate transfer; exclude real property unless the statute permits handling it in the same procedure.
• Ask the bank or property holder what documents they require before you prepare the affidavit — many institutions post their requirements online or will give you a checklist.
• Use plain language in the affidavit and be precise about who you are and how you are entitled to the property (heir, beneficiary, personal representative appointed elsewhere).
• Keep copies of everything you submit, including the notarized affidavit and any correspondence from property holders.
• If someone else may lay claim to the property (other heirs, a named beneficiary on an account, creditors), consider opening a probate case or consult an attorney — small estate affidavits are best when all parties agree or where claims are straightforward.
• Check for deadlines to present creditor claims in formal probate; a small‑estate transfer does not always protect you from legitimate creditor claims later.
• If you’re unsure whether to use a small‑estate affidavit, ask the county court clerk for guidance or consult an attorney experienced in South Dakota probate law.