South Dakota probate code · checked October 2026
For money and belongings, South Dakota's affidavit limit is $100,000 — applied to the estate after the assets that pass automatically are taken out. Real property has a separate South Dakota affidavit (§ 29A-3-1203): up to $50,000 of assessed value, filed with the register of deeds — a different paper and cap from the personal-property affidavit. The affidavit, where one exists, cannot be used until 30 days have passed since the death.
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The affidavit limit today: $100,000, judged by the law in force on the date of death.
How it moves: presented to whoever holds the property; no court case is opened.
The wait: 30 days after the death before the affidavit can be used.
For a surviving spouse: No different affidavit cap for a surviving spouse as sole heir.
| Track | Limit | How it works |
|---|---|---|
| Small-estate affidavit | $100,000 | Presented to whoever holds the property; no court case. |
| Real-property affidavit | $50,000 | Succession to Real Property by Affidavit (SDCL 29A-3-1203) |
Vehicles are tangible personal property collectible by the 29A-3-1201 affidavit if the estate qualifies; no separate vehicle exclusion from the $100,000 cap was found.
Affidavit must state the decedent incurred no indebtedness to the Department of Social Services for medical assistance for nursing home or other medical institutional care (29A-3-1201(a)(4)) - a specific state-debt bar, in addition to the general liens/encumbrances netting.
Rules checked October 2026 · Sources: SDCL 29A-3-1201(a)(1)-(5) (SL 2022, ch. 88, § 1); SDCL 29A-3-1202; SDCL 29A-3-1203; SDCL 29A-6-401 et seq. (TOD deeds). This page reads the published law; it is not legal advice, and the court is the final word.