South Dakota Small Estate Affidavit

South Dakota gives a smaller estate two affidavits, each with its own dollar figure. SDCL 29A-3-1201 lets a successor collect personal property 30 days after the death when the entire estate, wherever located, less liens and encumbrances, is worth $100,000 or less. SDCL 29A-3-1203 lets successors take South Dakota land 60 days after the death when the decedent's interest in all real property in the state is worth $50,000 or less. A debt to the Department of Social Services for nursing home or institutional care closes both.

Every rule below was read on September 27, 2026 through the South Dakota Legislature's statute service, with each section's source line checked for later session laws. The two acts that set today's figures, SL 2022, ch 88 and SL 2022, ch 89, were read in the Legislative Research Council's own copies. This page explains the statutes for a general reader. It is not legal advice.

The Two Affidavits Side By Side

	Personal property, SDCL 29A-3-1201	Real property, SDCL 29A-3-1203
Waiting period	30 days after death	60 days after death
What is measured	The entire estate, wherever located, less liens and encumbrances	The decedent's interest in all real property located in South Dakota
Dollar figure	$100,000	$50,000
How it is valued	Value less liens and encumbrances	Assessment rolls for the year of death (non-agricultural); fair market value on the date of death (agricultural)
What it moves	Debts owed to the decedent, tangible personal property, and instruments evidencing a debt, obligation, stock or chose in action	The described South Dakota land
Where it goes	To the person holding the property	Filed with the register of deeds in every county where the land lies
Medicaid institutional-care debt	Closes the route	Closes the route
In force since	$100,000 since July 1, 2022	July 1, 2022

The two tests measure different things, which is why an estate can fail one and pass the other. Picture a decedent with $70,000 in bank accounts and a house in Sioux Falls that is worth $45,000 after its mortgage and shows $45,000 on the assessment rolls. The entire estate comes to $115,000, so the personal-property affidavit is closed. The house alone is under $50,000, so the heirs may still take it by the real-property affidavit. The accounts then need probate or another route.

Do you need probate in South Dakota?

Answer a few questions to see whether South Dakota probate is required and which process applies.

Take the 2-minute assessment

The Personal-Property Affidavit: SDCL 29A-3-1201

Thirty days after the death, anyone who owes the decedent money or holds the decedent's tangible personal property, or an instrument evidencing a debt, obligation, stock or chose in action, must pay or deliver it to a successor who presents an affidavit. The affidavit states five things:

The value of the entire estate, wherever located, less liens and encumbrances, does not exceed $100,000.
Thirty days have passed since the death.
No application or petition to appoint a personal representative is pending or has been granted in any jurisdiction.
The decedent has not incurred any indebtedness to the Department of Social Services for medical assistance for nursing home or other medical institutional care.
The claiming successor is entitled to payment or delivery of the property.

Subsection (b) reaches stock. A transfer agent must change the registered owner on the corporation's books from the decedent to the successor when shown the same affidavit.

The house counts, and the affidavit still cannot move it

The measure in subsection (a)(1) is the entire estate, wherever located. Nothing in the section leaves out land, so a house, a farm or a cabin in another state counts toward the $100,000 at its value less what is owed against it. What the affidavit collects is narrower: money owed to the decedent, tangible personal property and instruments. So a house can push the estate over the figure without ever being something this affidavit transfers. South Dakota land needs the second affidavit or probate, and land in another state follows that state's rules.

A will does not close it

Subsection (a)(5) asks only whether the successor is entitled to the property. A devisee under a will and an heir under intestacy can both use the affidavit. South Dakota intestate succession sets who the heirs are when there is no will.

The figure moved in 2022

SL 2022, ch 88 (House Bill 1085, "An Act to expand the eligibility for a small estate probate") printed the change as "$50,000 $100,000" in subsection (a)(1). It was signed February 17, 2022. The act names no effective date, so SDCL 2-14-16 made it effective July 1, 2022. The figure before that had been $50,000 since July 1, 2003 (SL 2003, ch 157).

Neither act says which figure governs a death that came before the change. The affidavit speaks in the present tense and is made at least 30 days after the death, and the statute does not tie the figure to the date of death. If the death came before July 1, 2022 and the estate falls between $50,000 and $100,000, ask the bank or other holder which figure it will accept before relying on the higher one. The figure is not indexed to inflation.

What the affidavit does for the holder, and what it asks of you

SDCL 29A-3-1202 sets the effect. The bank or other holder that pays on the affidavit is discharged as if it had dealt with a personal representative, and it does not have to check the truth of the statements. A holder that refuses can be made to pay in a proceeding brought on proof of the facts the affidavit states.

The same section puts the weight on the successor. Anyone who receives property is accountable for it to a personal representative appointed later or to anyone with a superior right. The affiant must see that the property goes to liens and encumbrances, the homestead allowance, exempt property, the family allowance, funeral expenses, expenses of administration and creditor claims, as the law requires, and that what is left reaches the heirs and devisees. The homestead and exempt property rules come first in that list, and the family allowance sits beside them. The affiant also submits to the jurisdiction of the South Dakota courts in any proceeding about the affidavit.

The Real-Property Affidavit: SDCL 29A-3-1203

South Dakota added this section in 2022. SL 2022, ch 89 (House Bill 1115, "An Act to allow succession to real property by an affidavit") created it as a new section, effective July 1, 2022. It is not the uniform code's summary administration, even though it carries that number.

Sixty days after the death, a person claiming to succeed to the decedent's interest in South Dakota real property may file an affidavit describing the property and the decedent's interest in it. A certified or authenticated copy of the death certificate goes with it, and both are filed with the register of deeds in every county where the land lies. Every person claiming as a successor, or someone legally acting for them, signs. South Dakota death certificates explains how to order the certified copy.

The affidavit is prima facie evidence of what it states, and it has to state ten things:

The decedent's interest in all real property located in South Dakota does not exceed $50,000.
Sixty days have passed since the death.
No application or petition to appoint a personal representative is pending or has been granted in any jurisdiction.
Each claiming successor is entitled to the property through the homestead allowance under SDCL 29A-2-402, the family allowance under SDCL 29A-2-403, intestate succession, or a devise in the will.
If a claim rests on a will, the affiant has investigated and found no later will.
No one other than a claiming successor has a right to the decedent's interest in the property.
Each claiming successor's relationship to the decedent and the value of the decedent's entire estate.
The transfer is not subject to a transfer fee under SDCL 43-4-22(18).
The decedent has not incurred any indebtedness to the Department of Social Services for medical assistance for nursing home or other medical institutional care.
Each person making the affidavit swears or affirms that every statement is true and material and acknowledges that a false statement may bring criminal penalties.

Two ways to value the land

Item 1 splits land into two classes, and the valuation depends on which one the parcel is:

Non-agricultural land, a house in town for one, may be valued as shown on the assessment rolls for the year the decedent died.
Agricultural land is valued at its fair market value on the date of death.

The statute says non-agricultural land "may" be valued from the assessment rolls, and says agricultural land "shall" be valued at fair market value. So a farm parcel is measured by what it would sell for on the date of death, whatever its assessed figure, while a house in town can use the figure on the rolls.

The $50,000 counts only South Dakota real property, and only the decedent's interest in it. Item 7 asks for the value of the entire estate, but the section sets no limit on that figure. A decedent with $300,000 in accounts and a $40,000 assessed house still has a real-property affidavit available for the house.

Land that is already outside the estate

A parcel covered by a recorded transfer on death deed passes to its beneficiary under the South Dakota Real Property Transfer on Death Act, and the beneficiary records an affidavit of confirmation under SDCL 29A-6-427 instead. The South Dakota transfer on death deed guide covers that affidavit and its own notice to the Department of Social Services.

What successors take on

A successor named in the affidavit has the same protection and liability as a distributee who received a deed of distribution from a personal representative, under SDCL 29A-3-908 and subject to SDCL 29A-3-901, which makes successors take subject to creditors' claims and the family's allowances. The section repeats the duty in plain terms: the successors must apply what they receive to liens, encumbrances, the homestead allowance, exempt property, the family allowance, funeral expenses, expenses of administration and creditor claims. South Dakota debt payment priority sets out the order those claims are paid in.

Buyers and lenders get protection. A purchaser or lender who acquires the land in good faith, for value and without actual notice that the transfer was improper, takes it free of the estate's claims and has no duty to ask whether the transfer was proper. The section does not touch the rights of a secured or judgment creditor in the land, so a mortgage stays on the property and can still be foreclosed.

The affidavit states that the transfer is not subject to a transfer fee under SDCL 43-4-22(18), the exemption for a transfer "for which no consideration was given".

A Medicaid Debt Closes Both Routes

Both affidavits require a sworn statement that the decedent incurred no debt to the Department of Social Services for medical assistance for nursing home or other medical institutional care: SDCL 29A-3-1201(a)(4) and SDCL 29A-3-1203(9). If the department paid for that care, the family cannot truthfully sign either one.

SDCL 29A-3-817 gives the department its own path. It may collect personal property by presenting an affidavit under SDCL 29A-3-1201 together with a statement of the debt. A bank or other holder that knows of the debt may make no payment or delivery, except to pay funeral expenses, until the department is paid or issues a satisfaction of indebtedness.

The statement names nursing home or other medical institutional care; it does not mention other Medicaid services. Families who are unsure what the department paid can ask its Office of Recoveries and Investigations in Pierre before anyone signs.

Cars, Trucks And Boats

A vehicle or boat whose title names a transfer on death beneficiary passes to that beneficiary outside probate, if it has no lien, under SDCL 32-3-80 to 32-3-84, in force since July 1, 2025. Without a beneficiary, the Department of Revenue lists a Succession Affidavit, Form 1013, for the SDCL 29A-3-1201 route, sworn before a notary or the county treasurer. Retitling the car after a death covers the forms and title fees.

When Neither Affidavit Fits

South Dakota has no summary administration. Part 12 of chapter 29A-3 holds only SDCL 29A-3-1201 to 29A-3-1203. An estate over both figures, one with a Department of Social Services institutional-care debt, or one where someone has already applied to be personal representative goes to the circuit court. The full South Dakota probate process explains informal and formal probate, the clerk of courts and the opening fee, and the South Dakota probate timeline shows how long each stage runs.

Common Questions

What is the small estate limit in South Dakota?

$100,000 for the personal-property affidavit. SDCL 29A-3-1201(a)(1) requires the affidavit to state that the value of the entire estate, wherever located, less liens and encumbrances, does not exceed $100,000. A separate affidavit for South Dakota land, SDCL 29A-3-1203, has its own limit of $50,000 on the decedent's interest in all real property in the state.

When did the South Dakota small estate limit go up to $100,000?

July 1, 2022. SL 2022, ch 88 (House Bill 1085) raised the figure in SDCL 29A-3-1201 from $50,000 to $100,000. It was signed February 17, 2022 and carries no effective-date clause, so SDCL 2-14-16 made it effective on July 1. The act has no transition clause, and the statute does not say whether a death before that date is measured against the old figure or the new one.

Does a house count toward the South Dakota small estate limit?

Yes. SDCL 29A-3-1201 measures the entire estate, wherever located, less liens and encumbrances, so a house counts at its value after the mortgage. The affidavit itself moves only personal property. South Dakota land can pass by the separate SDCL 29A-3-1203 affidavit if the decedent's interest in all South Dakota real property is $50,000 or less.

How do you transfer a house without probate in South Dakota?

Through the real-property affidavit in SDCL 29A-3-1203. Sixty days after the death, every successor signs an affidavit that is filed, with a certified or authenticated death certificate, at the register of deeds in each county where the land lies. The decedent's interest in all South Dakota real property must not exceed $50,000, valued on the assessment rolls for the year of death for non-agricultural land and at fair market value on the date of death for agricultural land.

Can you use a South Dakota small estate affidavit if the decedent was on Medicaid?

Not if the decedent owed the Department of Social Services for nursing home or other institutional care. Both SDCL 29A-3-1201(a)(4) and SDCL 29A-3-1203(9) require the affiant to swear the decedent incurred no such debt. SDCL 29A-3-817 lets the department collect personal property by its own affidavit, and a holder who knows of the debt may pay nothing except funeral expenses until the department is paid or issues a satisfaction.

Do you file a South Dakota small estate affidavit with the court?

No. The personal-property affidavit under SDCL 29A-3-1201 goes to the bank, employer or other holder, which must pay or deliver on it and is then discharged under SDCL 29A-3-1202. The real-property affidavit under SDCL 29A-3-1203 is filed with the county register of deeds, not the clerk of courts.

Does South Dakota have summary administration for small estates?

No. Part 12 of chapter 29A-3 runs from SDCL 29A-3-1201 to 29A-3-1203 and holds only the two affidavits and the section on their effect. The uniform code's summary administrative procedure was not enacted, and South Dakota used the number 29A-3-1203 for the real-property affidavit instead. An estate that fits neither affidavit goes through probate in circuit court.

Sources:

Title: SDCL 29A-3-1201, Collection of personal property by affidavit. Publisher: South Dakota Legislature. Publication Date: SL 2022, ch 88; accessed 2026-09-27. URL: https://sdlegislature.gov/Statutes/29A-3-1201
Title: SDCL 29A-3-1202, Effect of affidavit. Publisher: South Dakota Legislature. Publication Date: SL 1995, ch 167; accessed 2026-09-27. URL: https://sdlegislature.gov/Statutes/29A-3-1202
Title: SDCL 29A-3-1203, Succession to real property by affidavit. Publisher: South Dakota Legislature. Publication Date: SL 2022, ch 89; accessed 2026-09-27. URL: https://sdlegislature.gov/Statutes/29A-3-1203
Title: SDCL 29A-3-817, Department of Social Services' claim for indebtedness incurred by paying for medical assistance or care. Publisher: South Dakota Legislature. Publication Date: SL 1995, ch 167; accessed 2026-09-27. URL: https://sdlegislature.gov/Statutes/29A-3-817
Title: SDCL 29A-3-901, Successors' rights if no administration. Publisher: South Dakota Legislature. Publication Date: SL 1994, ch 232; accessed 2026-09-27. URL: https://sdlegislature.gov/Statutes/29A-3-901
Title: SDCL 29A-3-908, Distribution, Right or title of distributee. Publisher: South Dakota Legislature. Publication Date: SL 1994, ch 232; accessed 2026-09-27. URL: https://sdlegislature.gov/Statutes/29A-3-908
Title: SDCL 29A-2-402, Homestead allowance. Publisher: South Dakota Legislature. Publication Date: SL 1995, ch 167; accessed 2026-09-27. URL: https://sdlegislature.gov/Statutes/29A-2-402
Title: SDCL 43-4-22, Exemptions from real estate transfer fee. Publisher: South Dakota Legislature. Publication Date: SL 1994, ch 351; accessed 2026-09-27. URL: https://sdlegislature.gov/Statutes/43-4-22
Title: SDCL 2-14-16, Effective date of legislative acts. Publisher: South Dakota Legislature. Publication Date: SDC 1939, § 55.0607; accessed 2026-09-27. URL: https://sdlegislature.gov/Statutes/2-14-16
Title: SL 2022, ch 88 (House Bill 1085), An Act to expand the eligibility for a small estate probate. Publisher: South Dakota Legislative Research Council. Publication Date: Signed February 17, 2022. URL: https://mylrc.sdlegislature.gov/api/Documents/233324.pdf
Title: SL 2022, ch 89 (House Bill 1115), An Act to allow succession to real property by an affidavit. Publisher: South Dakota Legislative Research Council. Publication Date: 2022 session; accessed 2026-09-27. URL: https://mylrc.sdlegislature.gov/api/Documents/235108.pdf
Title: SL 2003, ch 157 (HB 1102), An Act to revise certain provisions regarding the collection of personal property by affidavit. Publisher: South Dakota Legislative Research Council. Publication Date: Signed February 21, 2003. URL: https://mylrc.sdlegislature.gov/api/Documents/SessionLaw/98831.html
Title: All Vehicles, Title, Fees and Registration. Publisher: South Dakota Department of Revenue. Publication Date: Not listed; accessed 2026-09-27. URL: https://dor.sd.gov/individuals/motor-vehicle/all-vehicles-title-fees-registration/

It is not legal advice.