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.