Grant County Circuit Court Guide

Thirty days after the death, a successor may collect the decedent's personal property from a bank or other holder by presenting an affidavit, without opening probate, if the value of the ENTIRE estate, wherever located, less liens and encumbrances, does not exceed $100,000 (SDCL 29A-3-1201). Real property COUNTS toward that measure, but this affidavit only collects personal property. 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. The affidavit is given to the holder, not filed with the court, so there is no court filing fee.

• At least 30 days have passed 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 incurred no debt to the Department of Social Services for medical assistance for nursing home or other medical institutional care
• The claiming successor is entitled to the property

Qualifies:

$100,000

Attorney:

not required by law, though many families use one

The $100,000 figure took effect July 1, 2022 and is not indexed.

Sixty days after the death, the successors may record an affidavit, with a certified death certificate, with the register of deeds in every county where the land lies, if the decedent's interest in ALL South Dakota real property is worth $50,000 or less (assessed value on the assessment rolls for the year of death for non-agricultural land; fair market value at death for agricultural land) (SDCL 29A-3-1203). For land in Grant County that office is the Grant County register of deeds, a county office separate from the clerk of courts. The rest of the estate is not capped. The same Department of Social Services nursing-home debt that closes the personal-property affidavit closes this one, and all claiming successors sign.

• At least 60 days have passed 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
• The decedent incurred no debt to the Department of Social Services for medical assistance for nursing home or other medical institutional care
• Record the affidavit and a certified death certificate with the register of deeds of each county where the land lies

Qualifies:

$50,000

Attorney:

not required by law, though many families use one

South Dakota follows the Uniform Probate Code (Title 29A). INFORMAL probate and informal appointment are an application to the clerk of court, with no hearing: the clerk may issue informal probate once at least 120 hours have passed since the death (SDCL 29A-3-302) and appoint a personal representative once 120 hours have passed (29A-3-307; 30 days for a nonresident decedent unless the domiciliary personal representative applies). A FORMAL testacy proceeding is commenced by petition and decided by the court after notice and hearing (29A-3-401). Within 14 days after appointment the personal representative must send the heirs and devisees the required information AND give written information, including the decedent's Social Security number, to the Department of Social Services (29A-3-705). The inventory is due within six months after appointment or nine months after death, whichever is later (29A-3-706), and a closing statement may not be filed earlier than four months after appointment (29A-3-1003). Opening either an informal or a formal probate costs $122.00 in every South Dakota county (UJS Schedule of Court Costs, effective July 1, 2026).

• File the application or petition with the clerk of courts in Grant County, the county of the decedent's domicile at death (SDCL 29A-3-201)
• Deliver the original will with the application if there is one
• Within 14 days after appointment, send the heirs and devisees the information required by SDCL 29A-3-705 and notify the Department of Social Services in Pierre
• Prepare the inventory within six months after appointment or nine months after death, whichever is later (SDCL 29A-3-706)
• Close by verified statement no earlier than four months after appointment (SDCL 29A-3-1003)

Qualifies:

No dollar threshold. The ordinary South Dakota route wherever a small-estate affidavit does not fit.

Filing fee:

$122

source

Attorney:

not required by law, though many families use one

Informal and formal are two procedures under the same $122.00 opening fee, not two fee tiers.

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.

Attorney:

not required by law, though many families use one

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 the county of the decedent's domicile
• 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.

Attorney:

not required by law, though many families use one

A single in rem proceeding under the continuing authority of the circuit court until an order approving distribution and discharging the personal representative (SDCL 29A-3-501). A supervised estate cannot be closed by the sworn closing statement.

Qualifies:

No dollar threshold.

Filing fee:

$122

source

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).