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The Affidavit for Collection of Personal Property Pursuant to Small Estate Proceeding cannot be filed until 30 days after the Decedent's date of death. If the Decedent has a Will, you must file the original with the Court along with the Application for Probate (form 300ES).
A South Dakota small estate affidavit is a document that can help a person using it, known as an ?affiant,? avoid traditional probate proceedings.
A debt collector may not contact you at inconvenient times or places, such as before 8 in the morning or after 9 at night, unless you agree to it. And collectors may not contact you at work if they;re told (orally or in writing) that you're not allowed to get calls there.
Under South Dakota statute, where as estate is valued at less than $50,000, an interested party may issue a small estate affidavit to collect any debts owed to the decedent. South Dakota Requirements: South Dakota requirements are set forth in the statutes below. § 29A-3-1201.
Sixty days after the death of a decedent, any person claiming to be a successor to the decedent's interest in real property in this state may file, or cause to be filed on their behalf, an affidavit describing the real property owned by the decedent and the interest of the decedent in the property.
The total value of the probated property (minus any debts or other encumbrances on the property) is less than $50,000.00; No real property (real estate) is part of the probated estate; No probate case is started or completed in a North Dakota state district court, a court of any other state, or a tribal court; and.
A South Dakota small estate affidavit aids the transfer of personal property of a deceased individual (the "decedent") to their successors without formal probate proceedings. Any beneficiary entitled to the decedent's property may fill out this affidavit and use it to collect the assets from its current custodians.