South Dakota executor and estate paperwork checklist

This is an organizer, not legal advice. An estate attorney or the county probate/surrogate office answers questions about your situation.

The first 30 days

General steps in plain words. Tick them off as you go; the ticks stay on this screen only.

1. Ask for certified death certificates, more than you thinkThe funeral director or vital records office issues them. Institutions often keep the copy you send, so plan on one each.
2. Make sure Social Security knowsFuneral homes generally report the death. If not, call 1-800-772-1213 (TTY 1-800-325-0778). A surviving spouse, or some children if there's no spouse, may get a one-time $255 payment.
3. Track down the willCheck the home, a safe deposit box and the lawyer who drafted it. Leave the original exactly as you found it and work from copies.
4. Look at the last pages of the willA sworn statement signed by the witnesses before an officer may be attached; what this state says about it is below.
5. Protect the propertyChange locks if keys are out, keep insurance paid, and have the mail forwarded so bills and statements reach you.
6. Hold off on paying debts or giving things awayWait until you know which route applies and who has authority. If something can't wait, ask the probate clerk or an attorney.
7. Know that a power of attorney has endedA power of attorney ends when the principal dies; the agent's authority stops there.
8. Start an inventoryEvery account, property, vehicle and debt, with how each is held. Beneficiary and joint accounts usually pass directly, not through the estate.
9. Compare the estate with $100,000That's the small estate figure on this state's official page. Count only what the page says counts.
10. Count 30 days from the deathThat's when the official page says the small estate paperwork can be used.
11. Start the estate ledgerRecord every dollar in and out with a receipt: funeral costs, bills paid, money collected.
12. Once you have authority: EIN and an estate accountThe IRS says you need an EIN before filing the estate's Form 1041, which is due if the estate has more than $600 of gross income in a year.

Sources for the federal steps: Social Security Administration: When someone dies · IRS: Deceased taxpayers, filing the estate income tax return (Form 1041) · power of attorney: Power of attorney at a real estate closing.

The small estate route

• ConfirmedSmall estate limit

  The entire estate less liens and encumbrances up to $100,000 (SL 2022, ch 88). The personal property affidavit can't transfer real estate; when all the South Dakota real estate is worth less than $50,000, a separate affidavit is used and filed with the register of deeds in the county where the land is.

  "does not exceed $100,000"

  Sources: SDCL 29A-3-1201, Collection of personal property by affidavit (South Dakota Legislature); Nolo (secondary source): Probate Shortcuts in South Dakota (Nolo, updated 4/12/2024), checked November 2026

• ConfirmedReal estate

  Real estate has its own affidavit or petition. Named on the official pages: Informal probate.

  Sources: SDCL 29A-3-1201, Collection of personal property by affidavit (South Dakota Legislature); Nolo (secondary source): Probate Shortcuts in South Dakota (Nolo, updated 4/12/2024), checked November 2026

• ConfirmedWaiting period after the death

  30 days. Thirty days after the death.

  "Thirty days have elapsed since the death of the decedent"

  Sources: SDCL 29A-3-1201, Collection of personal property by affidavit (South Dakota Legislature); Nolo (secondary source): Probate Shortcuts in South Dakota (Nolo, updated 4/12/2024), checked November 2026

• ConfirmedNotary or oath

  Signed before a notary. The successor signs the affidavit, swearing to its truthfulness, and has it notarized.

  "having it notarized"

  Sources: SDCL 29A-3-1201, Collection of personal property by affidavit (South Dakota Legislature); Nolo (secondary source): Probate Shortcuts in South Dakota (Nolo, updated 4/12/2024), checked November 2026

• ConfirmedWhere the paperwork goes

  Handed to the bank or other holder. Presented to whoever owes the debt or holds the property.

  "upon being presented an affidavit"

  Sources: SDCL 29A-3-1201, Collection of personal property by affidavit (South Dakota Legislature); Nolo (secondary source): Probate Shortcuts in South Dakota (Nolo, updated 4/12/2024), checked November 2026

• ConfirmedOfficial form

  No official form. SDCL 29A-3-1201 prescribes no form; subsection (a) lists what the successor's affidavit must state.

  Source: SDCL 29A-3-1201, Collection of personal property by affidavit (South Dakota Legislature), checked November 2026

• ConfirmedSimplified court procedure

  Informal probate: As Nolo's summary describes it: a streamlined court proceeding, available for an estate of any size, started by a written request to the probate court; once the estate qualifies, the personal representative can distribute property without every step of regular probate.

  Source: Nolo (secondary source): Probate Shortcuts in South Dakota (Nolo, updated 4/12/2024), checked November 2026

The will at probate

When the will goes to the court, these signing rules are what it is checked against.

• ConfirmedWitnesses the will needed

  Two or more witnesses, who sign in the testator's conscious presence.

  "two or more individuals"

  Sources: SDCL 29A-2-502, Execution; witnessed wills; holographic wills (South Dakota Legislature); Nolo (secondary source): How to Make a Will in South Dakota (Nolo, updated September 2025), checked November 2026

• ConfirmedSelf-proving affidavit

  Allowed. Per Nolo (citing 29A-2-504), the testator and witnesses sign an affidavit before a notary.

  Source: Nolo (secondary source): How to Make a Will in South Dakota (Nolo, updated September 2025), checked November 2026

• ConfirmedIf the will is handwritten

  Recognized whether or not witnessed, if the signature and material parts are in the testator's handwriting.

  "the signature and material portions of the document are in the testator's handwriting"

  Sources: SDCL 29A-2-502, Execution; witnessed wills; holographic wills (South Dakota Legislature); Nolo (secondary source): How to Make a Will in South Dakota (Nolo, updated September 2025), checked November 2026

• ConfirmedA witness who inherits

  A beneficiary may witness (Nolo, citing SDCL 29A-2-505), though disinterested witnesses are recommended.

  "allows 'interested' parties who stand to inherit from your will to serve as witnesses"

  Source: Nolo (secondary source): How to Make a Will in South Dakota (Nolo, updated September 2025), checked November 2026

Documents to gather

• Safe deposit box location and keys
• Certified death certificates
• The original will and any codicils
• Deeds and mortgage statements
• Vehicle titles and registrations
• Recent bank, brokerage and retirement statements
• Life insurance policies and annuities
• The last few years of tax returns
• Recent bills, loan and credit card statements
• Pension, Social Security and benefit letters
• The official small estate form: No official form

Who to notify

Pension or employer, Social Security (if the funeral home hasn't), Banks and credit unions, Brokerage and retirement accounts, Life insurance companies, Utilities and phone, Landlord or mortgage servicer, Credit card companies. A brief letter and a copy of the death certificate usually start each one; note the date and the person you reached.

Documents needed abroad

• ConfirmedA death certificate needed abroad

  Apostilles for this state's documents come from the South Dakota Secretary of State, Apostille Office. $25 per document. Vital records: Certified by the issuing agency; a notary can't certify a birth, marriage or death certificate or divorce decree as a true copy.

  Source: South Dakota Secretary of State, Apostille Office, checked November 2026

Where to ask

An estate attorney or the county probate/surrogate office answers questions about your situation. Official pages for South Dakota:

• Probate Shortcuts in South Dakota (Nolo, updated 4/12/2024)

General information, not legal, tax or financial advice. We are not lawyers, and MCC Solutions is not a law firm. An estate attorney or the county probate/surrogate office answers questions about your situation. Facts checked November 2026.

Common questions

Related: Executor guide by state · Will signing requirements · Apostille steps · Estate paperwork help