South Dakota Small Estate Affidavit | Collection of Personal Property

A South Dakota small estate affidavit is a document that can help a person using it, known as an "affiant," avoid traditional probate proceedings. It is available for an estate consisting of personal property valued at less than $100,000.

Updated May 01, 2025

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)

1. Wait 30 Days

Thirty days must pass after the decedent’s death before this affidavit is valid for use by any individual.

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.

4. Department of Revenue

File a copy of the affidavit with the South Dakota Department of Revenue.

5. Present the Affidavit

Present the affidavit to the person or entity that controls the desired asset. They will be obligated to turn it over.