What the rule says
Under S.D. Codified Laws § 29A-3-1201, a South Dakota successor can collect personal property of a SD decedent without going through formal probate, if:
- The total value of the personal property does not exceed $100,000 - The decedent has been dead for at least 30 days - No application for the appointment of a personal representative has been granted - The successor presents an affidavit
What this means in practice
Key practical points:
- 30-day waiting period. - $100,000 threshold counts personal property only. Among the more generous nationally. - Real property requires separate procedures. SD recognizes TOD deeds. - No court involvement for the affidavit procedure.
How this fits with SD's other tools
South Dakota offers:
- Collection by affidavit (§ 29A-3-1201): Personal property up to $100,000. - Summary administration: For specific simple cases. - Informal probate: Streamlined formal procedure. - Formal probate: Court-supervised when warranted. - TOD deed (S.D. Codified Laws § 29A-6-401 et seq.): SD recognizes TOD deeds.
What you can do about it
For a survivor of a SD decedent:
1. Calculate personal property value. Stay within $100,000. 2. Wait 30 days from death. 3. Prepare and present the affidavit. 4. Distribute property.
Who this affects most
South Dakota's small-estate procedure is most relevant for survivors of SD decedents with modest probate estates.