South Dakota Small Estates: the small estate affidavit
The short answer
South Dakota calls its simplified route the small estate affidavit, and it is set out in SDCL § 29A-3-1201. It can't be used if they owed the state for nursing home or Medicaid care. You have to wait a set number of days after the death before using it. It does not transfer real estate. A house in the person’s sole name needs the court process instead. The current limit and the date we last read the statute are on the card below.
South Dakota’s small estate affidavit
South Dakota sets this out in SDCL § 29A-3-1201. It can't be used if they owed the state for nursing home or Medicaid care. The figure itself, and the date we last read that statute, are on the card below.[1]
South Dakota
- Procedure:
- small estate affidavit
- Limit:
- $100,000
- Wait:
- 30 days
- Real estate:
- not covered
It can't be used if they owed the state for nursing home or Medicaid care.
SDCL § 29A-3-1201 — official page read September 18, 2026
It does not transfer real estate. A house in the person’s sole name needs the court process instead.[1]
The small estate affidavit is one piece of settling an estate in South Dakota. Answer a few questions and Go Forward builds the rest of the list for your situation — the notifications, the accounts, the paperwork — in the order it needs doing.
Build my plan →Steps this page connects to: Check whether probate is required · Order certified death certificates · List what the estate holds
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Creditor claims under SDCL §§ 29A-3-801, 29A-3-803
Above the limit it is a regular South Dakota probate case. Publishing a notice to creditors is optional here, but doing it starts a shorter clock, which is usually the reason to bother. The window for claims is 4 months after the notice is first published. All claims are cut off 3 years after the death..[2]
South Dakota
- Published notice:
- optional
- Claim window:
- 4 months after the notice is first published. All claims are cut off 3 years after the death.
SDCL §§ 29A-3-801, 29A-3-803 — official page read September 18, 2026
Sources
- SDCL § 29A-3-1201 (small estate affidavit) — South Dakota — official statute or court self-help page. Read September 18, 2026.
- SDCL §§ 29A-3-801, 29A-3-803 (notice to creditors) — South Dakota — official statute or court self-help page. Read September 18, 2026.
Each state above links to the statute or court page we read, with the date we read it.
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