Quick answer: present the personal property affidavit directly to the asset holder once 30 days have passed and the entire estate (including any real property) is at or under $100,000; file the real estate affidavit, if applicable, with the county Register of Deeds once 60 days have passed. Check whether an estate qualifies with the South Dakota small estate checker.
Step by step — personal property (30-day wait)
- Wait 30 days from the date of death.
- Total the entire estate, less liens and encumbrances — including any real property value — against the $100,000 cap.
- Confirm no personal representative appointment is pending or granted anywhere.
- Confirm no Medicaid/nursing home debt is owed to the Department of Social Services.
- Present the sworn affidavit directly to the bank, institution, or transfer agent.
Step by step — real estate (60-day wait, if applicable)
- Confirm the decedent's real property interest, on its own, is worth $50,000 or less.
- Wait 60 days from the date of death — twice as long as the personal property affidavit.
- File the affidavit with the county Register of Deeds where the property is located.
Two different clocks, confirmed against the statute itself
A simple document, but a real one for the DMV and financial institutions too
The personal property affidavit contains a statement that the inheritor is entitled to the property, as well as statements that the estate meets each of the requirements — a securities transfer agent must also change registered ownership upon presentation of this same affidavit.
A local probate attorney can review your estate — many offer a free consultation.
Every South Dakota county's Register of Deeds and Circuit Court handles these same two affidavits under SDCL §29A-3-1201 and §29A-3-1203.