South Dakota Small Estate Affidavit

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Frequently Asked Questions

Can the South Dakota Small Estate Affidavit be notarized online?

Yes. Online notarization of the South Dakota Small Estate Affidavit is completely legal and secure. Your documents can be notarized online in minutes through the Notarize Network, starting at $25.

What are the requirements for the South Dakota Small Estate Affidavit?

The signer requirements for the South Dakota small estate affidavit state that the affiant must wait thirty days after the decedent’s death before the affidavit is valid for use. The affiant must submit a Record Inquiry & Search Request Form to the South Dakota Unified Judicial System to confirm there are no pending or appointed personal representatives of the estate. They must fill out the entire Small Estate Affidavit for Collection of Personal Property and attach a detailed itemized list of all the estate’s assets and their valuations. The affiant is required to sign the affidavit in the presence of a notary public, who also has to sign the form and affix their seal. After completing the affidavit, a copy must be filed with the South Dakota Department of Revenue, and then the affidavit must be presented to the person or entity that has control of the desired asset.

What else do I need to know about the South Dakota Small Estate Affidavit?

Here are additional resources for the South Dakota Small Estate Affidavit that may be helpful:

SDCL § 29A-3-1201(a)SDCL § 29A-3-1201(a)(1)Title 29a (Probate Code), Chapter 29A-3, Part 12. Collection of Personal Property by Affidavit and Summary Administration Procedure for Small Estates Record Inquiry & Search Request Form

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