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There are three things necessary for a valid affidavit, and all three must be present at the same time: (1) the affiant, (2) the notary, and (3) the document.
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.
South Dakota allows the following notarial acts to be performed remotely: Taking an acknowledgment. Administering an oath or affirmation. Taking a verification on oath or affirmation.
South Dakota state law requires the notary to physically witness the individual sign the document. Occasionally someone will bring a document that has already been signed. In this situation, the notary must have the individual physically sign the document a second time in the notary's presence.
A notary public who has a direct or indirect financial (or other beneficial) interest in a document may not notarize such a document. The better practice is not to notarize for a spouse or family member in order to preserve the integrity of the notarization and to prevent a challenge to the notarization.