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 or the estate will go to probate court to be divided up if there is no will. In South Dakota, creditors with evidence of the decedent’s debts may file the affidavit of heirship as well, in order to collect on the debt out of the decedent’s estate. The affidavit of heirship is governed by statutes S.D. Codified Laws §§ 29A-3-1201 and following.
How to Write
Step 1 – Download in Adobe PDF or Microsoft Word (.doc).
Step 2 – Fill-in the following blanks respectively:
- Identify all heirs of the estate
- Your legal name and address
- List your relationship with the decedent
- Timeline of relationship
- Name of any/all spouses including date(s) or marriage, divorce, and death (if any)
- Name of any/all children including date(s) or marriage, divorce, and death (if any)
- Name of any/all grandchildren including date(s) or marriage, divorce, and death (if any)
- Name of any/all parents including date(s) or marriage, divorce, and death (if any)
- Name of any/all brothers & sisters including date(s) or marriage, divorce, and death (if any)
- Name of any/all nieces & nephews including date(s) or marriage, divorce, and death (if any)
Step 3 – Sign the document before a notary public, and file with a copy of the death certificate.
