In South Dakota, you are unlikely to see the exact phrase “probate in common form.” Instead, South Dakota law provides several streamlined probate pathways—informal probate, summary probate, and small‑estate procedures—that serve the same practical purpose: they allow heirs or nominees to transfer a decedent’s assets without a full formal court administration. These procedures are part of South Dakota’s probate statutes (Title 29A) and local probate court practice. See South Dakota Codified Laws, Title 29A: https://sdlegislature.gov/Statutes/Title/29A.

Detailed answer — what these streamlined procedures mean and when they apply

What people usually mean by “probate in common form”

Many states use the phrase to describe an informal or summary probate process that does not require a full, formal probate hearing. In South Dakota, the comparable options allow a personal representative or surviving spouse/next of kin to collect assets, close small estates, or confirm a will with less court involvement than a full administration.

Key South Dakota pathways that replace “common form” probate

• Informal probate/appointment of a personal representative: Courts typically approve a probate petition and appoint a personal representative without a contested hearing when there is no dispute about the will, heirs, or debts. The representative then administers assets under court supervision but often with a simpler docket process.
• Summary or small‑estate procedures: Small estate rules let eligible heirs or nominees collect personal property (often cash, bank accounts, and household goods) using an affidavit or simplified filing instead of a full administration. These procedures avoid prolonged probate for estates beneath a statutory threshold or where assets are limited.
• Affidavits and nonprobate transfers: Title transfers that pass outside probate—payable‑on‑death accounts, living trusts, jointly owned property with rights of survivorship, and beneficiary designations—can often be used without any probate process.

Who qualifies for simplified procedures?

Qualification depends on the asset type and value, the existence of a valid will, and whether interested parties contest the estate. If the estate has limited assets, no complex creditor claims, and no litigation between heirs or beneficiaries, the court and/or the estate’s financial institutions will often accept a summarized probate process.

Common steps in a simplified South Dakota probate

1. Identify assets and their titles (bank accounts, real estate, vehicles, life insurance, retirement accounts).
2. Check for nonprobate designations (beneficiary forms, joint tenancy).
3. If needed, file a petition with the county probate court to admit the will and appoint a personal representative, or use a small‑estate affidavit if statutory conditions apply.
4. Notify creditors as required and satisfy valid claims or seek court guidance on disputes.
5. Distribute remaining assets according to the will or intestacy rules and close the estate.

Example (hypothetical) to illustrate

Hypothetical: Alice dies owning a checking account ($18,000) and a car titled only in her name. She left a short will naming her sibling as beneficiary. No one contests the will and no business debts exist. In South Dakota, her sibling could likely use a small‑estate affidavit or request an informal appointment of a personal representative to collect the bank funds and transfer the car title without a full formal administration, shortening time and cost.

When you must use full, formal probate

If the estate contains complex assets (commercial real estate, ongoing business interests), significant debts, potential creditor litigation, or competing claims among heirs or a contested will, the court will likely require formal probate. Formal probate provides more procedural protections, a full accounting, and judicial resolution of disputes.

Where to read the statutes and find forms

South Dakota’s probate law is in Title 29A of the South Dakota Codified Laws. For statutory text and to search for specific small‑estate or personal‑representative provisions, see: https://sdlegislature.gov/Statutes/Title/29A. For court forms and local procedures, check the South Dakota Unified Judicial System website and your county probate court’s page.

Practical consequences

• Simplified probate saves time and court costs when an estate is straightforward.
• Creditors still have rights; simplified methods do not erase valid creditor claims.
• Using simplified procedures incorrectly can expose a person to personal liability if they distribute assets without proper authority.

Helpful Hints

• Start by locating the decedent’s will, account statements, and title documents. That determines whether a simplified route applies.
• Check beneficiary designations and joint ownership—many assets pass outside probate entirely.
• Contact the county probate clerk to ask whether your situation qualifies for an affidavit or streamlined appointment and for any local forms.
• Keep a written record of notices sent to known creditors and distributions made from the estate. That record protects you if a dispute later arises.
• Even for small or uncontested estates, consider at least a short consultation with an attorney to confirm qualification for simplified procedures and to avoid personal liability for improper distributions.
• Use the official statute source when in doubt: South Dakota Codified Laws, Title 29A — https://sdlegislature.gov/Statutes/Title/29A.