Clark County Circuit Court Guide

Thirty days after the death, anyone owing the decedent a debt or holding the decedent's tangible personal property or instruments must pay or deliver to a successor who presents a compliant affidavit. The affidavit is presented to the holder, not filed with the court. It is closed if a personal representative application or petition is pending or granted anywhere, and it is closed if the decedent incurred a debt to the Department of Social Services for medical assistance for nursing home or other medical institutional care.

• 30 days have elapsed since the death
• The value of the entire estate, wherever located, less liens and encumbrances, does not exceed $100,000
• No application or petition for appointment of a personal representative is pending or has been granted in any jurisdiction
• The decedent has not incurred any indebtedness to the Department of Social Services for medical assistance for nursing home or other medical institutional care
• The claiming successor is entitled to payment or delivery of the property

Qualifies:

$100,000

Attorney:

not required by law, though many families use one

See small-estate.json for the full condition list and the figure's history ($15,000, then $25,000 from July 1, 1997, $50,000 from July 1, 2003, and $100,000 from July 1, 2022).

Sixty days after the death, the successors may file an affidavit describing the decedent's South Dakota real property, with a certified or authenticated death certificate, with the register of deeds in every county where the land lies. All claiming successors sign. It is closed if a personal representative application or petition is pending or granted anywhere, and it is closed by the same Department of Social Services nursing-home debt that closes the personal-property affidavit.

• 60 days have elapsed since the death
• The decedent's interest in all South Dakota real property does not exceed $50,000 on the statutory valuation basis
• No application or petition for appointment of a personal representative is pending or has been granted in any jurisdiction
• Each successor is entitled by the homestead allowance, the family allowance, intestate succession or devise; if by will, the affiant has investigated and found no later will
• The affidavit states each successor's relationship and the value of the entire estate
• The decedent has not incurred any indebtedness to the Department of Social Services for medical assistance for nursing home or other medical institutional care
• All claiming successors sign under penalty of perjury

Qualifies:

$50,000 (the decedent's interest in all South Dakota real property: assessed value for the year of death for non-agricultural land, fair market value at death for agricultural land; the rest of the estate is not capped)

Attorney:

not required by law, though many families use one

A formal testacy proceeding is conducted before the court to establish a will or determine intestacy, commenced by petition and decided after notice and hearing. It may, but need not, include a request to appoint a personal representative. While it is pending, the clerk may not act on an informal application (29A-3-401(c)).

• File a petition for formal testacy and/or appointment
• Give notice of the hearing to interested persons
• The same notice, inventory, creditor and closing rules then apply

Qualifies:

No dollar threshold. Used where the will is disputed, heirs are uncertain, or someone wants a court order.

Filing fee:

$122

source

Attorney:

not required by law, though many families use one

Informal and formal proceedings share the same $122.00 opening court costs (UJS schedule row Probate / Estate); they are two procedures, not two fee tiers.

An application goes to the clerk of court without a hearing. The clerk issues a written statement of informal probate if at least 120 hours have elapsed since the death (29A-3-302) and appoints a personal representative once 120 hours have elapsed (29A-3-307(a)), delaying the order to 30 days after death for a nonresident decedent unless the domiciliary personal representative applies or the will directs that South Dakota law govern. A will with an attestation clause showing proper execution is probated without further proof (29A-3-303(c)). Notice of the application goes only to persons who demanded notice and, for appointment, anyone with a prior or equal right to appointment who has not waived it (29A-3-306, 29A-3-310).

• File the application with the clerk of courts in Clark County, the county of the decedent's domicile at death (SDCL 29A-3-201)
• Deliver the original will to the court with the application if there is one
• Within 14 days after appointment, send the heirs and devisees the information required by 29A-3-705(a) and (b)
• Within 14 days after appointment, give written information to the Department of Social Services in Pierre, including the decedent's Social Security number, and certify to the court that it was provided (29A-3-705(c))
• Give written notice to known or reasonably ascertainable creditors, and publish notice to creditors if the estate wants the four-month bar for unknown creditors (29A-3-801)
• Prepare the inventory within six months after appointment or nine months after death, whichever is later (29A-3-706)
• Close by verified statement no earlier than four months after appointment (29A-3-1003)

Qualifies:

No dollar threshold. The ordinary route for an uncontested South Dakota estate.

Filing fee:

$122

source

Attorney:

not required by law, though many families use one

A single in rem proceeding under the continuing authority of the court until an order approving distribution and discharging the personal representative. A supervised estate cannot be closed by the sworn closing statement in 29A-3-1003.

Qualifies:

No dollar threshold.

Attorney:

not required by law, though many families use one

Thirty days after the death, anyone owing the decedent a debt or holding the decedent's tangible personal property or instruments must pay or deliver to a successor who presents a compliant affidavit. The affidavit is presented to the holder, not filed with the court. It is closed if a personal representative application or petition is pending or granted anywhere, and it is closed if the decedent incurred a debt to the Department of Social Services for medical assistance for nursing home or other medical institutional care.

• 30 days have elapsed since the death
• The value of the entire estate, wherever located, less liens and encumbrances, does not exceed $100,000
• No application or petition for appointment of a personal representative is pending or has been granted in any jurisdiction
• The decedent has not incurred any indebtedness to the Department of Social Services for medical assistance for nursing home or other medical institutional care
• The claiming successor is entitled to payment or delivery of the property

Qualifies:

$100,000 or less, measured as the value of the ENTIRE estate, wherever located, less liens and encumbrances. Real property counts in that measure but this affidavit only collects personal property. The figure has been $100,000 since July 1, 2022.

Attorney:

not required by law, though many families use one

See small-estate.json for the full condition list and the figure's history ($15,000, then $25,000 from July 1, 1997, $50,000 from July 1, 2003, and $100,000 from July 1, 2022).