South Dakota Small Estate Affidavit Checker

A rare exception among Uniform Probate Code states — a second affidavit here can actually transfer a modest house.

SDCL §29A-3-1201, §29A-3-1203 FigureMyTax Editorial Team Free · no sign-up

Does this South Dakota estate qualify?

Enter each value to see whether one or both affidavits likely fit.

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Likely path for this South Dakota estate
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A threshold that's risen over time — check you have the current one

A rare exception: a second affidavit that reaches real estate

Unlike most Uniform Probate Code states, South Dakota offers a separate affidavit under SDCL §29A-3-1203 that can transfer real estate worth less than $50,000 — though it must also be filed with the county Register of Deeds where the property is located, on top of the usual affidavit requirements.

A Medicaid condition built into eligibility itself

The personal property affidavit is only available if the decedent has not incurred any indebtedness to the Department of Social Services for medical assistance for nursing home or other medical institutional care — an estate that owes such a debt doesn't qualify for the affidavit, regardless of value.

Two different waiting periods, not one

The personal property affidavit requires 30 days from death; the real estate affidavit requires 60 days — two separate clocks, not the same wait applied twice. The personal property affidavit needs no court filing at all; it's presented directly to whoever holds the property.

The $100,000 cap counts the whole estate, not just personal property

The personal property affidavit's $100,000 limit applies to the value of the entire estate, wherever located, including any real property — even though the affidavit itself only transfers personal property. A modest bank account next to an expensive house can still fail this cap.

South Dakota small estate — frequently asked questions

What is South Dakota's small estate threshold for personal property?

$100,000 under the current SDCL §29A-3-1201 — the figure has risen over time from $25,000, to $50,000 after a 2003 amendment, to the current $100,000, so older secondary sources may cite an outdated number.

Can South Dakota's affidavit ever reach real estate?

Yes, unlike most Uniform Probate Code states — a separate affidavit under SDCL §29A-3-1203 can transfer real estate worth less than $50,000, though it must also be filed with the county Register of Deeds.

Is there a Medicaid-related condition built into the personal property affidavit?

Yes — the affidavit is only available if the decedent has not incurred any indebtedness to the Department of Social Services for medical assistance for nursing home or other medical institutional care.

How long must you wait to use each affidavit?

30 days after death for the personal property affidavit, but 60 days for the real estate affidavit — two different clocks.

Is court filing required for the personal property affidavit?

No — it's presented directly to whoever holds the property, with no court filing or administration required at all.

This calculator provides an estimate for general guidance only and is not legal advice. Figures are based on SDCL §29A-3-1201, §29A-3-1203. Actual eligibility depends on the estate's full facts. Confirm with the Circuit Court, county Register of Deeds, or a licensed South Dakota attorney before acting.