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South Dakota Small Estate Affidavit | Collection of Personal Property

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The South Dakota small estate affidavit, or the ‘Collection of Personal Property’, is a procedure allowed in South Dakota for the handling of small estates. Its a procedure that allows a successor in interest of a person who died to gather the property of the decedent through this form, which is a sworn affidavit. In order for you to be qualified to use this form instead of going through a more complicated probate procedure, certain conditions must be met . First, you have to be a successor in interest to decedent’s property. Secondly, there can be no probate matter pending or in process on behalf of decedent’s estate. Thirdly, thirty days must have gone by since decedent died. Finally the value of the estate, less liens and encumbrances cannot exceed $50,000.

Maximum – $50,000

LawsSection 29A-3-1201

Vehicle (Affidavit) – Use only if a single vehicle is being transferred with no personal property.

How to Write

Step 1 – Enter the name of the county.

Step 2 – Write in your name and address.

Step 3 – Write in the name of the decedent and the decedent’s address at time of death.

Step 4 – Sign and date in front of a notary public.

Step 5 – You will now be able to present the affidavit to third-parties, such as banks, to obtain access to decedent’s assets.


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