Laws
- Days After Death – Thirty (30) days.[1]
- Maximum Amount ($) – $100,000.[2]
- Signing – The applicant must sign the affidavit in the presence of a notary public, who must also sign the form and affix their seal.
- Statutes – Title 29a (Probate Code), Chapter 29A-3, Part 12. Collection of Personal Property by Affidavit and Summary Administration Procedure for Small Estates
How to File (5 steps)
2. No Personal Representative
Submit a Record Inquiry & Search Request Form to the South Dakota Unified Judicial System to confirm no pending inquiries or appointed personal representatives of the estate.
3. Complete the Affidavit
Fill out the entire Small Estate Affidavit for Collection of Personal Property and attach a detailed itemized list of all the estate’s assets and their valuations.