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 probate court automatically. In South Dakota, creditors may also file a small estate affidavit to claim the decedent’s property if they have evidence that the decedent owed debts. There is a 30-day waiting period. The South Dakota small estate affidavit laws are governed under statutes S.D. Codified Laws Ann. §§ 29A-3-301 and following.
How to Write
Step 1 – Download in Adobe PDF or Microsoft Word (.doc).
Step 2 – Enter the following into the form:
- Header – Enter Superior Court (See List)
- Name of Decedent
- Date of Birth
- Case Number
- Check the three (3) boxes depending on your situation
- Date and Sign
- Verification – On the last page you will be required to verify that everything you have stated is true and accurate
Step 3 – File the form with a copy of the death certificate to the proper clerk or courthouse.
