South Dakota § 29A-3-1201 Collection of personal property by affidavit.

South Dakota Statutes

§ 29A-3-1201 — Collection of personal property by affidavit.

South Dakota § 29A-3-1201

Title 29AUNIFORM PROBATE CODE

Ch. 29A-2PROBATE OF WILLS AND ADMINISTRATION

This text of South Dakota § 29A-3-1201 (Collection of personal property by affidavit.) is published on Counsel Stack Legal Research, covering South Dakota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

S.D. Codified Laws § 29A-3-1201 (2026).

Text

(a)Thirty days after the death of a decedent, any person indebted to the decedent or having possession of tangible personal property or an instrument evidencing a debt, obligation, stock, or chose in action belonging to the decedent shall make payment of the indebtedness or deliver the tangible personal property or an instrument evidencing a debt, obligation, stock, or chose in action to a person claiming to be the successor of the decedent upon being presented an affidavit made by or on behalf of the successor stating that:

(1)The value of the entire estate, wherever located, less liens and encumbrances, does not exceed $100,000;

(2)Thirty days have elapsed since the death of the decedent;

(3)No application or petition for the appointment of a personal representative is pendi

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(a) Thirty days after the death of a decedent, any person indebted to the decedent or having possession of tangible personal property or an instrument evidencing a debt, obligation, stock, or chose in action belonging to the decedent shall make payment of the indebtedness or deliver the tangible personal property or an instrument evidencing a debt, obligation, stock, or chose in action to a person claiming to be the successor of the decedent upon being presented an affidavit made by or on behalf of the successor stating that: (1) The value of the entire estate, wherever located, less liens and encumbrances, does not exceed $100,000; (2) Thirty days have elapsed since the death of the decedent; (3) No application or petition for the appointment of a personal representative is pending or has been granted in any jurisdiction; (4) The decedent has not incurred any indebtedness to the Department of Social Services for medical assistance for nursing home or other medical institutional care; and (5) The claiming successor is entitled to payment or delivery of the property. (b) A transfer agent of any security shall change the registered ownership on the books of a corporation from the decedent to the successor or successors upon the presentation of an affidavit as provided in subsection (a).