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Disclaimer: I am not a lawyer. This article only provides general information and educational guidance about South Dakota probate practice. It is not legal advice. For help with a specific estate, contact a licensed South Dakota attorney or the local probate court.

Detailed Answer

Many states, including South Dakota, let a surviving family member collect certain small estates using a sworn affidavit instead of full probate. The affidavit lets an eligible person claim assets that are in the decedent’s sole name and that fall within the state’s size limits and other rules. To decide which assets to list on the affidavit (and which to leave off or list as zero), use a simple legal test for each item:

1. Is the asset owned solely by the decedent?

   If the asset was titled or held in the deceased person’s name alone (no joint owners or surviving joint tenants with right of survivorship), that asset is a candidate to list on the small estate affidavit. If there is a surviving joint owner or a named beneficiary (payable‑on‑death, transfer‑on‑death, life insurance beneficiary, retirement plan beneficiary), do not list that asset as part of the probate estate because it passes outside probate.

2. Does the asset type fall within the affidavit’s allowed categories?

   Most small‑estate affidavits apply to personal property and certain intangible personal property (bank accounts, motor vehicles, household goods, etc.). Real property (land, houses) commonly cannot be transferred using a small estate affidavit. Check the statute and local court rules to confirm which categories are allowed in South Dakota.

3. Does the asset’s value make the estate exceed the statutory limit?

   South Dakota law sets a maximum value for qualifying small estates. If the combined value of qualifying assets exceeds that limit, you cannot use the small estate affidavit and must pursue formal probate. Always check the current South Dakota statute or your county court for the up‑to‑date dollar threshold before completing an affidavit. See South Dakota probate law (Title 29A) for statutory guidance: https://sdlegislature.gov/Statutes/Title/29A

4. Are there outstanding creditor notices or required waiting periods?

   Some small‑estate procedures require waiting a short period after death before collecting assets, or they may require a statement that known creditors have been notified. If the statute imposes waiting periods or creditor notice requirements, follow them. Failing to follow notice/wait periods can expose the claimant to liability for unpaid debts.

5. Do you know the asset’s value, or is it unknown?

   Most affidavit forms ask for the fair market value of each listed asset. If you do not know an exact value, provide a good‑faith estimate and label it as an estimate. If an item truly does not exist, indicate “none” or “0.” If a line does not apply, it is better to write “N/A” or “none” rather than leaving it blank so the form is clear.

Practical application (hypothetical example)

Hypothetical facts: Jane Doe died owning the following:

• A checking account in Jane’s sole name with $4,200
• A car titled solely to Jane worth $7,500
• A bank account titled jointly with her adult son (survivorship)
• A $25,000 life insurance policy with a named beneficiary (her daughter)
• A house titled in Jane’s sole name worth $120,000

How to fill the affidavit (based on the typical small‑estate rules):

• List the checking account and the car with their values because each is in Jane’s sole name and (assuming the combined qualifying asset values are below the South Dakota small‑estate limit) those items are collectible by affidavit.
• Do NOT list the joint bank account (it passes automatically to the surviving joint owner and is not part of probate).
• Do NOT list the life insurance policy because the named beneficiary takes that outside of probate.
• Do NOT attempt to transfer the house via a small‑estate affidavit if South Dakota’s rules exclude real property (most states exclude real estate). If the house is subject to probate, you must open formal probate or use another recorded method (transfer on death deed, if available and valid, etc.).

How to show zeros, blanks, and “none”

• If a form line asks for the amount of a type of asset and the decedent had none, write “0” or “none” on that line to make it clear you considered the category.
• If a line does not apply, write “N/A.”
• Avoid leaving lines blank; a blank line can create confusion or a court challenge. Clear, explicit entries reduce later disputes.
• Never intentionally omit assets that should be listed. Making a false statement on an affidavit can lead to criminal penalties and personal liability for creditors or co‑heirs.

Who may sign and use the affidavit?

South Dakota law identifies eligible persons who may present and sign a small‑estate affidavit (typically heirs or family members entitled to distribution). Confirm the eligibility rules in SD law or ask the probate clerk. If more than one heir claims property or if an estate has creditors or disputes, file for formal probate rather than using an affidavit.

For statutory details on South Dakota probate law, consult Title 29A of the South Dakota Codified Laws: https://sdlegislature.gov/Statutes/Title/29A

Helpful Hints

• Gather documents before you complete the affidavit: death certificate, account statements, titles, beneficiary designations, and any estate planning documents (wills, transfer‑on‑death forms).
• Check whether the asset has a beneficiary designation or is jointly owned. These pass outside probate and generally should not be listed as probate assets.
• When in doubt, write the asset down with an estimated value and note that the figure is an estimate. Transparency is better than omission.
• Do not try to use a small‑estate affidavit if the estate appears to exceed the statutory dollar limit, includes real estate, or if there are disputes among heirs or known unresolved creditor claims.
• Contact the local probate court clerk if you need the official small estate affidavit form or instructions. Clerks often provide forms and filing guidance but cannot give legal advice.
• Make sure to check the current South Dakota dollar limit and any statutory waiting period before filing. Those amounts and timeframes can change; consult South Dakota law (Title 29A) or the probate clerk.
• If a creditor later proves a debt or if someone objects, you may be personally liable if the affidavit omitted an asset or misrepresented facts. When the estate is borderline or contested, get a lawyer.