Simplified Probate for Small Estates in South Dakota
In general, when someone dies, the estate must go through probate which can be a complicated and lengthy process. But many states provide less complicated options for smaller estates.
South Dakota law allows an interested party to file an application for information probate with the court.
Another option in South Dakota for heirs or beneficiaries to inherit property is the use of an affidavit. The heirs or beneficiaries prepare an affidavit identifying the assets they are entitled to inherit. This option may be used when the entire estate, wherever located, less liens and encumbrances does not exceed $50,000. After a waiting period of 30 days, the beneficiaries simply present the affidavit to the holders of the decedent’s property and it will be transferred to them.