South Dakota Small Estate Affidavit: $100,000 for Personal Property, $50,000 for Land

Settled Estate puts the South Dakota small estate affidavit limit at $100,000, subject to conditions this page sets out in full. Real property can pass this way. Read from SDCL § 29A-3-1201. Last verified September 2026.

South Dakota has two affidavits with two different limits and one shared disqualifier. The $100,000 test counts the house, and a separate real-property affidavit can pass South Dakota land worth $50,000 or less.

Based on SDCL § 29A-3-1201

By Settled Estate EditorialPublished: January 15, 2026Updated: May 31, 2026

Does South Dakota Have a Small Estate Affidavit?

Yes, two of them. SDCL § 29A-3-1201 lets a successor collect the decedent's personal property with a sworn affidavit once 30 days have passed since the death, when the value of the entire estate, wherever located, less liens and encumbrances, does not exceed $100,000, no application or petition to appoint a personal representative is pending or has been granted in any jurisdiction, and the decedent incurred no debt to the Department of Social Services for Medicaid-paid nursing home or other medical institutional care. The affidavit goes to whoever holds the property, such as a bank or a transfer agent, and is never filed with a court. Real estate counts toward the $100,000 but cannot pass by that affidavit. For land, SDCL § 29A-3-1203 adds a separate real-property affidavit, recorded with the register of deeds 60 days after the death, when the decedent's interest in all South Dakota real property is worth $50,000 or less. A will does not close either route. South Dakota never enacted a summary administration procedure, so these two affidavits are the only ways to skip a court case.

Do you qualify?

Qualifying threshold: $100,000 or less, measured as the value of the entire estate, wherever located, less liens and encumbrances (SDCL § 29A-3-1201(a)(1)). Real property counts in that measure at its equity even though this affidavit cannot transfer it. A separate $50,000 limit applies to South Dakota land under § 29A-3-1203.The personal-property test is a net, whole-estate test. Add up everything the decedent owned, wherever it is located, then subtract liens and encumbrances. Nothing is excluded by asset class, so a house with $60,000 of equity adds $60,000 to the total. The real-property test works differently: it counts only the decedent's interest in South Dakota land, with non-agricultural property valued on the assessment rolls for the year of death and agricultural land at fair market value on the date of death, and it does not ask whether the rest of the estate is under $100,000. The affidavit states the value of the entire estate, but that figure is not capped. If the death was before July 1, 2022 and the estate falls between $50,000 and $100,000, the statute does not say which limit applies, so ask the bank or a South Dakota lawyer before relying on the affidavit.
Waiting period: Thirty days after the death for the personal-property affidavit (SDCL § 29A-3-1201(a)(2)) and sixty days for the real-property affidavit (§ 29A-3-1203). Both routes close once anyone applies or petitions to be personal representative, in South Dakota or in any other state, and stay closed after an appointment is granted.
Court filing fee: $0 in court fees, because neither affidavit is filed with a court. The personal-property affidavit is presented to the holder, and a notary may charge to witness the signature. The real-property affidavit is recorded with the register of deeds at $30 for the first 50 pages plus $2 for each page beyond 50 (SDCL § 7-9-15(1)), together with a certified death certificate, which costs $15 from the Department of Health (ARSD 44:09:06:02). The transfer is exempt from the real estate transfer fee (§ 43-4-22(18)).
Attorney: Not typically neededNo statutory requirement. Both affidavits are written so successors can sign them without counsel. Advice earns its cost where the estate sits near $100,000, where the death was before July 1, 2022 and the estate falls between $50,000 and $100,000, where land in several counties or agricultural land has to be valued, where the heirs disagree about who is entitled, or where the decedent received Medicaid-paid nursing home care.
Real estate: Allowed in limited circumstancesReal estate cannot pass by the personal-property affidavit, but South Dakota has a second affidavit for it. SDCL § 29A-3-1203 lets the successors record an affidavit with the register of deeds in every county where the land lies, 60 days after the death, when the decedent's interest in all South Dakota real property does not exceed $50,000 (assessment-roll value for the year of death for non-agricultural land, fair market value at death for agricultural land). All claiming successors sign, a certified or authenticated death certificate goes with it, each successor must take by the homestead allowance, the family allowance, intestacy or the will, and a successor taking under a will must have looked for and found no later will. It is closed by a pending or granted personal representative application and by a Department of Social Services institutional-care debt. Land worth more than $50,000 needs a probate, unless the owner recorded a transfer-on-death deed before death under the South Dakota Real Property Transfer on Death Act (SDCL §§ 29A-6-401 to 29A-6-435).

Start the Free Probate Assessment

Main Requirements

Whole Estate of $100,000 or Less, Net of Liens

SDCL § 29A-3-1201(a)(1) caps the value of the entire estate, wherever located, less liens and encumbrances, at $100,000. Real property counts toward it at its equity.

Thirty Days Have Passed Since the Death

Required by § 29A-3-1201(a)(2). The real-property affidavit waits sixty days (§ 29A-3-1203).

No Personal Representative Application Anywhere

No application or petition for appointment of a personal representative may be pending or granted in any jurisdiction, in South Dakota or elsewhere (§ 29A-3-1201(a)(3)).

No Medicaid Nursing Home Debt

The decedent must not have incurred any debt to the Department of Social Services for medical assistance for nursing home or other medical institutional care (§ 29A-3-1201(a)(4)). The same statement is required on the real-property affidavit (§ 29A-3-1203(9)).

The Signer Is Entitled to the Property

Section 29A-3-1201(a)(5) requires the claiming successor to be entitled to payment or delivery of the property, under the will or under intestate succession.

Personal Property Only

The affidavit reaches debts owed to the decedent, tangible personal property, and instruments evidencing a debt, obligation, stock or chose in action. Land needs the separate § 29A-3-1203 affidavit or a probate.

A Will Does Not Close the Route

Neither affidavit is limited to estates without a will. Section 29A-3-1203 expressly covers succession by devise, provided the affiant has investigated and found no later will.

Available Small-Estate Options

Small Estate Affidavit, SDCL § 29A-3-1201

Limit: Entire estate, wherever located, less liens and encumbrances, at $100,000 or less. Collects debts owed, tangible personal property and instruments; cannot transfer land
Real Estate: Not included
Timeline: Usable 30 days after the death, then as long as each holder takes to pay or deliver
Typical Fee: $0. Never filed. Notary fee and certified death certificates at $15 each

Real-Property Affidavit, SDCL § 29A-3-1203

Limit: Decedent's interest in all South Dakota real property at $50,000 or less (assessed value for non-agricultural land, fair market value for agricultural land). The rest of the estate is not capped
Real Estate: Can be included
Timeline: Recorded 60 days or more after the death with the register of deeds in each county where the land lies
Typical Fee: $30 recording for the first 50 pages (§ 7-9-15(1)) plus a $15 certified death certificate; no transfer fee

Informal Probate, SDCL §§ 29A-3-302 and 29A-3-307

Limit: No dollar threshold. The ordinary route for an uncontested estate, including one with land over $50,000
Real Estate: Can be included
Timeline: Commonly 6 to 12 months; the closing statement cannot be filed earlier than four months after appointment
Typical Fee: $122 in court costs, the same in all 66 counties

A Medicaid nursing home debt closes both affidavits.

The South Dakota condition families miss is not the dollar figure. Every affidavit under §§ 29A-3-1201 and 29A-3-1203 must state that the decedent incurred no debt to the Department of Social Services for medical assistance for nursing home or other medical institutional care. If Medicaid paid for that care, signing the statement would be false, the family has no affidavit route at all, and the Department can collect personal property by its own affidavit under § 29A-3-817. Check for Medicaid-paid institutional care before adding up the estate, because a small estate with that debt goes through the circuit court whatever its size.

Step-by-Step Process

Add Up the Whole Estate, House Included

SDCL § 29A-3-1201(a)(1) measures the value of the entire estate, wherever located, less liens and encumbrances. Count solely owned bank and brokerage accounts, vehicles, household goods, money owed to the decedent, and real estate at its value minus the mortgage. Land in another state counts too.

Check the Total Against $100,000

If the net total is $100,000 or less, the personal-property affidavit may be open. The limit has been $100,000 since July 1, 2022. If the death came earlier and the estate is between $50,000 and $100,000, the statute does not say which figure governs, so confirm with the bank or a South Dakota lawyer.

Rule Out a Department of Social Services Debt

Each affidavit must state that the decedent incurred no debt to the Department of Social Services for medical assistance for nursing home or other medical institutional care (§§ 29A-3-1201(a)(4) and 29A-3-1203(9)). If Medicaid paid for that care, neither affidavit is available, and under § 29A-3-817 the Department can collect personal property by its own affidavit and must be paid first, apart from funeral expenses.

Wait 30 Days and Confirm Nobody Has Opened an Estate

Covered in the "Do you qualify?" checklist at the top of this page.

Sign the Affidavit Before a Notary

Only a successor entitled to the property under the will or South Dakota intestacy can sign (§ 29A-3-1201(a)(5)). No court form number applies, because the affidavit is presented to the holder. For a titled vehicle or boat, the Department of Revenue publishes its own Succession Affidavit, Form 1013, sworn before a notary public or the county treasurer.

Present It to Each Holder

Give the signed affidavit and a death certificate to each bank, company or person holding property. A transfer agent must re-register a security on presentation (§ 29A-3-1201(b)), and the holder is discharged as if it had dealt with a personal representative (§ 29A-3-1202(a)). The person who collects must apply the property to liens, the homestead and family allowances, exempt property, funeral and administration expenses and creditor claims before distributing what is left (§ 29A-3-1202(d)).

For Land Worth $50,000 or Less, Record the Real-Property Affidavit

Sixty days after the death, the successors can file a § 29A-3-1203 affidavit describing the South Dakota land, with a certified or authenticated death certificate, with the register of deeds in each county where it lies. All claiming successors sign. Recording costs $30 for the first 50 pages under § 7-9-15(1), and the affidavit states that the transfer is exempt from the real estate transfer fee.

County Note: Neither affidavit goes to a courthouse, and the court would not vary by county anyway: the circuit court hears probate in all 66 counties (SDCL § 16-6-9(5)) under one statewide fee schedule. What is local is the register of deeds, a county office, which records the real-property affidavit in each county where the land lies and charges the statewide recording fee under SDCL § 7-9-15.

FAQ: South Dakota Small Estate Affidavit

Does South Dakota have a small estate affidavit?

Yes. SDCL § 29A-3-1201 lets a successor collect the decedent's personal property with a sworn affidavit when 30 days have passed since the death, the entire estate, wherever located, less liens and encumbrances, is $100,000 or less, no personal representative application is pending or granted anywhere, and the decedent owed the Department of Social Services nothing for Medicaid-paid institutional care. It is presented to whoever holds the property and is not filed with a court.

What is the South Dakota small estate limit?

$100,000, measured net of liens and encumbrances across the whole estate, wherever located. The figure has stood since July 1, 2022, when SL 2022, ch 88 raised it from $50,000. It is not indexed for inflation. A separate $50,000 limit applies to South Dakota land under the real-property affidavit in § 29A-3-1203.

Does the house count toward the South Dakota limit?

Yes, at its equity. Section 29A-3-1201(a)(1) measures the entire estate with no exclusion for real estate, so a house with $60,000 of equity adds $60,000. The personal-property affidavit still cannot transfer the house. If the decedent's interest in all South Dakota land is worth $50,000 or less on the statute's valuation basis, the heirs or devisees can pass it by the § 29A-3-1203 real-property affidavit, even when the whole estate is over $100,000.

How does the South Dakota real-property affidavit work?

Sixty days after the death, the successors sign an affidavit describing the land and file it, with a certified or authenticated death certificate, with the register of deeds in every county where the land lies (§ 29A-3-1203). It is available when the decedent's interest in all South Dakota real property does not exceed $50,000, using the assessment rolls for the year of death for non-agricultural property and fair market value at death for agricultural land. It is closed by a pending or granted personal representative application and by a Department of Social Services institutional-care debt.

Can Medicaid stop a South Dakota small estate affidavit?

Yes. Both affidavits require a statement that the decedent incurred no debt to the Department of Social Services for medical assistance for nursing home or other medical institutional care (§§ 29A-3-1201(a)(4) and 29A-3-1203(9)). Where there is such a debt, the Department can itself collect personal property by affidavit under § 29A-3-817, and a holder who knows of the debt may pay nobody else, apart from funeral expenses, until the Department is paid or issues a satisfaction.

How much does a South Dakota small estate affidavit cost?

No court fee, because neither affidavit is filed with a court. Expect a notary fee for signing, and certified death certificates at $15 each from the Department of Health under ARSD 44:09:06:02. The real-property affidavit adds a register of deeds recording fee of $30 for the first 50 pages under SDCL § 7-9-15(1), and no real estate transfer fee.

Official Forms, Sources, and VerificationOfficial references used for this page

SDCL § 29A-3-1201, Collection of personal property by affidavitSouth Dakota Legislature. Current official statute text, accessed September 27, 2026.
SDCL § 29A-3-1202, Effect of affidavitSouth Dakota Legislature. Current official statute text, accessed September 27, 2026.
SDCL § 29A-3-1203, Succession to real property by affidavitSouth Dakota Legislature. Current official statute text, accessed September 27, 2026.
SDCL § 29A-3-817, Department of Social Services' claim for indebtedness incurred by paying for medical assistance or careSouth Dakota Legislature. Current official statute text, accessed September 27, 2026.
SL 2022, ch 88 (House Bill 1085), An Act to expand the eligibility for a small estate probateSouth Dakota Legislature. Session law, signed February 17, 2022, accessed September 27, 2026.
SL 2022, ch 89 (House Bill 1115), An Act to allow succession to real property by an affidavitSouth Dakota Legislature. Session law, accessed September 27, 2026.
SDCL § 7-9-15, Fees, real estate documents to conform to format standards, exceptionSouth Dakota Legislature. Current official statute text, accessed September 27, 2026.
SDCL § 43-4-22, Exemptions from real estate transfer feeSouth Dakota Legislature. Current official statute text, accessed September 27, 2026.
SDCL § 32-3-80, Transfer on death, designation of beneficiarySouth Dakota Legislature. Current official statute text, accessed September 27, 2026.
Succession Affidavit (Form 1013)South Dakota Department of Revenue, Motor Vehicle Division. Current official form, accessed September 27, 2026.
ARSD 44:09:06:02, Fee for search, verification, or certified copy of vital recordsSouth Dakota Legislature, Administrative Rules of South Dakota. Current administrative rule, accessed September 27, 2026.

Information current as of May 31, 2026

Settled Estate is not a law firm, and this content is for informational purposes only and does not constitute legal advice. Probate laws and procedures in South Dakota can change. Consult with a qualified attorney for advice specific to your situation. Full disclaimer.