Detailed Answer
Under South Dakota law, an heir or beneficiary may use a small estate affidavit to collect a decedents personal assets without formal probate when the total value of personal property subject to administration does not exceed the threshold set by SDCL A7 29A-3-803 (currently $75,000). This streamlined process applies only to personal property such as bank accounts, vehicles, furniture, and insurance proceeds. Real estate and assets exceeding the threshold require formal probate administration.
To complete and file a small estate affidavit in South Dakota, you generally need the following documents and information:
- Certified copy of the decedents death certificate.
- Completed small estate affidavit form, available from the county circuit court or the South Dakota Unified Judicial System website.
- Affiants government-issued photo identification (e.g., drivers license).
- Detailed inventory of the decedents personal property, including estimated values. Provide supporting documentation such as bank statements, vehicle titles, retirement account statements, or appraisals.
- Copies of any beneficiary designation forms (e.g., payable-on-death or transfer-on-death accounts).
- Oath and notarized signature of the affiant swearing to the truthfulness of the affidavit.
Once assembled, file the affidavit and supporting documents with the clerk of the circuit court in the county where the decedent resided at death. The clerk will review the paperwork, collect any applicable filing fee, and record the affidavit. After filing, you may present certified copies to institutions holding the decedents assets to obtain transfers.
Helpful Hints
- Confirm the current threshold amount under SDCL A7 29A-3-803; statutes may adjust over time.
- Obtain multiple certified death certificates—most institutions require an original for each account.
- Keep clear records and copies of all documents submitted to banks and other entities.
- Some counties may require a short waiting period (e.g., 30 days after death) before accepting the affidavit.
- Check county clerk fees in advance to budget for filing costs.
- Consider consulting a probate clerk or legal professional if any asset values exceed the threshold or if real estate is involved.
Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a licensed attorney to address your specific circumstances.