South Dakota's Small Estate Affidavits Explained

South Dakota’s two small estate affidavits work as separate tracks, and the personal-property limit changed in 2022. Older guides, forms, and an earlier version of this page show $50,000 for both.

What is the personal-property affidavit?

Under SDCL 29A-3-1201, thirty days after the death a person who owes the decedent money or holds the decedent’s tangible personal property or financial instruments must hand them over to a claiming successor who presents a sworn affidavit. The affidavit states that the value of the entire estate, wherever located, less liens and encumbrances, does not exceed $100,000, that 30 days have passed, that no personal representative has been appointed anywhere, that the decedent did not incur a debt to the Department of Social Services for medical assistance for nursing home or other institutional care, and that the claimant is the successor entitled to the property. House Bill 1085 of 2022 raised the figure from $50,000 to $100,000, effective July 1, 2022; the Social Security Administration updated its own South Dakota entry to $100,000 in June 2025.

Does owning real estate disqualify the estate?

Not by itself. The $100,000 test counts the entire estate wherever located, so the value of a house counts toward the limit, but this affidavit cannot transfer real estate. An earlier version of this page said the decedent must have owned no real property, and that has been corrected.

What is the real-property affidavit, and how does it differ?

Under SDCL 29A-3-1203, created by a 2022 law (Laws of 2022, chapter 89), sixty days after the death a claiming successor can file an affidavit describing the decedent’s real property. Per the session law, the affidavit and a certified death certificate are filed with the register of deeds in every county where the property lies, and all persons claiming as successors must sign. The successor must be entitled because of the homestead allowance, the family allowance, intestate succession, or a devise in a will. A secondary summary says the decedent’s interest in all South Dakota real property can be no more than $50,000, with non-agricultural land valued from the assessment rolls and farmland at market value; we did not read the valuation language.

Can both affidavits be used for the same estate?

They are separate processes with separate waits, 30 days and 60 days, but the limits are not independent. Because the personal-property test counts the whole estate including real estate, a large parcel can keep the estate over $100,000 even if the real-property affidavit’s $50,000 limit is met.

What is the Medicaid-related condition?

The personal-property statute requires the affiant to state that the decedent incurred no debt to the Department of Social Services for medical assistance for nursing home or other institutional care. An earlier version of this page said this applies to both affidavits; we confirmed it only for the personal-property affidavit. Check the real-property statute or ask the register of deeds before assuming either way.

What happens once the affidavit is presented?

The holder who receives the affidavit may release the property. The affidavit is not filed with a court: the personal-property affidavit goes directly to each holder, and the real-property affidavit is recorded with the register of deeds.

What should I do next?

Add up the whole estate, including real estate, less liens, and compare it with $100,000. Check for any Department of Social Services debt for institutional care. If real estate must pass, ask the register of deeds about the separate affidavit and its $50,000 limit.

Add this to your Final Day Plan: a rough breakdown of what you own, split between personal property and South Dakota real estate - it’s exactly what your family will need to check against South Dakota’s $100,000 estate limit and the $50,000 real-property limit.

South Dakota law can change, and specific circumstances vary considerably. This is general educational information, not legal advice - consult a South Dakota-licensed attorney for guidance specific to your situation.