South Dakota Small Estate Affidavit | Affidavit of Heirship

South Dakota requires heirs to file separate affidavits of heirship for motor vehicles and for other personal property, including bank accounts. The small estate affidavit covers real estate such as homes and land. The laws surrounding affidavits of heirship and small estate in South Dakota define a “small estate” as personal property and real estate valued at $50,000 or less, in order to avoid probate court. If a loved one owns property or lived in South Dakota and passes away, family members, other heirs, or creditors with evidence of the decedent’s debt may file either an affidavit of heirship or a small estate affidavit to collect and distribute the decedent’s property without going to probate court.

Affidavit of Heirship: Successors may file this affidavit in South Dakota beginning 30 days after a loved one has passed away.

Affidavit of Heirship, Vehicle Only: this affidavit allows successors to claim motor vehicles owned by a decedent, and have the titles transferred through the DMV.

Small Estate Affidavit: a family may file the small estate affidavit to claim real estate property, not including motor vehicles, and avoid probate court as long as the estate does not exceed $50,000 in value.



Adobe PDF | Microsoft Word (.doc)

If 30 days have passed since a loved one died in South Dakota, then heirs may file an affidavit of heirship to claim bank accounts, trusts, debts owed the decent (like final paychecks) and other tangible property except for motor vehicles. The value of the estate may not exceed $50,000…

Adobe PDF | Microsoft Word (.doc)

In order to claim a deceased loved one’s motor vehicles – including cars, trucks, and RV homes – the heir(s) must file an affidavit of heirship specifically for vehicles in South Dakota. This document states that at least 30 days have passed since their loved one died, and the total…

Adobe PDF | Microsoft Word (.doc)

In order for a grieving family to avoid probate court, they must file a small estate affidavit with South Dakota to claim the decedent’s real estate property, including homes and land, but not motor vehicles. The total value of the estate may not exceed $50,000 or it will go to…