If a South Dakota bank tells you it needs “letters from the court” to access a deceased relative's account, it usually means a probate process must be initiated. Probate is the legal procedure for settling a person's estate, and it can be time-consuming and costly.

However, South Dakota law offers a more affordable alternative for smaller estates: the Small Estate Affidavit. If the total value of the deceased person's assets is less than $100,000, you may be able to avoid formal probate entirely. This process requires waiting 30 days after death and confirming that no probate has been started elsewhere. It's a streamlined way to transfer assets without court involvement.

Knowing the total value of the estate is crucial. Assets include bank accounts, vehicles, real estate, and personal property. If everything adds up to under $100,000, you might qualify for this simplified process.

At Foley and Foley Law Office, we help families determine whether a Small Estate Affidavit is an option. We'll guide you through the steps, help you gather the necessary documentation, and ensure everything is done correctly.

Don't navigate this alone—contact us today to find out if you can avoid probate and save time and money.