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A Small Estate

SDCL § 29A-3-1201 — an affidavit thirty days after the death for an estate up to $100,000, and sixty days for land up to fifty thousand dollars

  • The whole estate, less liens, is worth no more than $100,000.
  • Thirty days have passed since the death.
  • No personal representative has been applied for or appointed.
  • The person owed nothing to the Department of Social Services for nursing home or institutional care.
  • SDCL § 29A-3-1201
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On an affidavit saying those things, anyone holding the person's property or owing them money pays or delivers it to the successor, and a transfer agent re-registers securities.

  • SDCL § 29A-3-1201

Land. Sixty days after the death, a successor may file an affidavit with the register of deeds, with a death certificate, for real property in the state worth no more than fifty thousand dollars, when no representative has been appointed.

  • SDCL § 29A-3-1203

A particular estate is a question for a licensed South Dakota attorney.

  • SDCL § 29A-3-1201
Sources for this section (2)
  1. SDCL § 29A-3-1201 — Collection of personal property by affidavit
  2. SDCL § 29A-3-1203 — Succession to real property by affidavit

Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed South Dakota attorney.

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