SD risk area
Probate risk in South Dakota
Court-supervised estate process, timing, cost exposure, and public record requirements.
South Dakota allows collection of personal property by affidavit for estates under a statutory cap after a 30-day waiting period.
How long does probate typically take here?What costs and fees should families expect?What becomes public during probate?
At a glance
Key takeaways
- The estate value cap is $100,000, net of liens and encumbrances.
- At least 30 days must pass after death before using the affidavit.
- No personal representative can be pending or appointed in any jurisdiction.
- The affidavit must confirm no Medicaid institutional care debt is owed to the Department of Social Services.
Questions to consider
Questions this risk area helps you evaluate in South Dakota
- How long does probate typically take here?
- What costs and fees should families expect?
- What becomes public during probate?
State overview
South Dakota allows collection of personal property by affidavit for estates under a statutory cap after a 30-day waiting period.
- The estate value cap is $100,000, net of liens and encumbrances.
- At least 30 days must pass after death before using the affidavit.
- No personal representative can be pending or appointed in any jurisdiction.
- The affidavit must confirm no Medicaid institutional care debt is owed to the Department of Social Services.
- The affidavit is a sworn statement delivered to property holders to transfer assets without probate.
Sources
Risk sources
- Uniform Probate Code (2019) - Probate of wills and administration
Article III covers appointment, notices, creditor claims, and small-estate collection (Section 3-1201).
National sources provide baseline context; state statutes and court rules control in South Dakota.