Quick answer: personal property at or under $100,000 — the personal property affidavit. Real estate under $50,000 — the real estate affidavit, filed with the Register of Deeds. Anything larger, or contested — full probate. Check your own numbers with the South Dakota small estate checker.
The exception most UPC states don't have
Above $50,000, the house needs a different plan
Real property that exceeds $50,000 cannot use the affidavit shortcut at all — it requires either full probate or a transfer-on-death deed set up before death to avoid probate entirely.
A specific intestate spousal formula
If the decedent has no surviving descendants, or if all surviving descendants are also the spouse's, the spouse inherits the entire intestate estate; if some descendants are not the spouse's, the spouse takes the first $100,000 plus half the remaining balance, with the descendants taking the rest.
What skips probate before any threshold matters
Joint tenancy with right of survivorship, life insurance proceeds with named beneficiaries, payable-on-death bank accounts, transfer-on-death securities, and retirement accounts with designated beneficiaries all pass outside of probate.
The decision, in order
- Is the asset jointly held, TOD/POD, or covered by a beneficiary designation? → Skips probate entirely.
- Entire estate (including any real property) at or under $100,000, no Medicaid/DSS debt, 30 days passed? → Personal property affidavit.
- Real property interest alone at or under $50,000, 60 days passed? → Real estate affidavit with the Register of Deeds.
- None of the above fits → Full informal or formal probate.
A local probate attorney can review your estate — many offer a free consultation.
Whichever track applies, filing happens with the Circuit Court in the decedent's own South Dakota county.