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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.
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.
A South Dakota small estate affidavit is a document that can help a person using it, known as an ?affiant,? avoid traditional probate proceedings.
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)
A formal probate requires additional court intervention and is required if the decedent passed away more than three years before the filing of the probate. An informal probate in South Dakota is often handled by the clerk of courts rather than a judge. A probate can also be testate or intestate.
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.
Small Estate Affidavit If an South Dakota estate has a gross value <$50,000, you can use the small estate process to settle the estate with no court involvement.