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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)
Section 29A-3-1201 - Collection of personal property by affidavit (a) Thirty days after the death of a decedent, any person indebted to the decedent or having possession of tangible personal property or an instrument evidencing a debt, obligation, stock, or chose in action belonging to the decedent shall make payment ...
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.
Citation of code. The code enacted into law by § 2-16-13, and as hereafter amended and supplemented and printed and published pursuant to law, shall be known as the South Dakota Codified Laws and may be cited as "SDCL" followed by the number of the title, chapter, or section, as appropriate.
Does a Power of Attorney need to be notarized, witnessed, and/or recorded in South Dakota? The requirements and restrictions vary by state; however, in South Dakota, if you plan for the agent to handle matters related to children or real estate, then notarization will be required.
Any successor entitled to the decedent's property may use this affidavit as long as the following is true: At least thirty (30) days have elapsed since the decedent's death. The total value of the estate is no greater than $100,000.