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However, it is possible to skip probate in South Dakota if the entire value of an estate is less than $50,000. In that case, the estate would pass through what's called a simplified probate process.
South Dakota law has established an order as to who will make those decisions. The person's spouse is given the initial right, followed by, an adult child, a parent, an adult sibling, a grandparent or adult grandchild, an adult aunt or uncle, or an adult niece or nephew, respectively.
If your estate does not exceed a certain value (currently $25,000.00) and consists solely of personal property, a probate proceeding may not be required and the estate can be transferred with an affidavit. Creditor claims must still be paid, however.
For those who die without a will, probate law provides a means for distributing the property of the deceased, called an intestate probate proceeding. The court will appoint a personal representative to administer the estate and distribute the property. This person is often a surviving spouse or another beneficiary.
In South Dakota, the process includes several stages such as validating the deceased's will, compiling an inventory of their assets, settling any outstanding debts or taxes, and finally, distributing the remaining assets among the designated beneficiaries.
You may be able to avoid probate in South Dakota using any of the following strategies: Establish a Revocable Living Trust. Title property in Joint Tenancy. Create assets/accounts that are TOD or POD (Transfer on Death; Payable on Death)