--- title: "Does a Small Estate Affidavit Need a Notary in South Dakota?" description: "South Dakota small estate affidavit: yes, a notary is required, per the official page. What else the signing needs, and the next step." url: "https://mcc-solutionsnj.com/notary/does-it-need-a-notary/small-estate-affidavit-south-dakota" --- Does it need a notary? · South Dakota # Does a small estate affidavit need a notary in South Dakota? The answer from the state's own pages, what else a small estate affidavit needs to be signed properly here, and how to get it done. ✓ New Jersey commissioned notary, no. 50244803, insured for errors and omissions. [See the credentials](/about/credentials) Yes, a notary is required. The successor signs the affidavit, swearing to its truthfulness, and has it notarized. ## In the source's wording "having it notarized" From the sources listed below, checked November 2026. ## What else the signing needs Value 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" Waiting period Thirty days after the death. "Thirty days have elapsed since the death of the decedent" Where it goes Presented to whoever owes the debt or holds the property. "upon being presented an affidavit" Official form No official form. SDCL 29A-3-1201 prescribes no form; subsection (a) lists what the successor's affidavit must state. Other simplified route 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. ## Next step Sign by video with our New Jersey notary while you're in South Dakota, 7 AM to 9 PM Eastern, seven days a week, by appointment. New Jersey law lets a New Jersey notary notarize for a signer located in another state ([N.J.S.A. 52:7-10.10](https://pub.njleg.gov/bills/2020/PL21/179_.HTM)). Handling an estate from far away? [Estate paperwork help near where the estate is](/notary/estate-paperwork-help-out-of-state). Ask the bank, holder or court that will receive the affidavit whether it accepts an electronically notarized one. [Notarize it online ($50 per session)](/notary/#order) [Request a mobile notary in South Dakota](/notary/mobile-notary-outside-new-jersey?state=South%20Dakota#request) Booking sends a request; we confirm the time and the price before you pay. In person, we look for a notary commissioned in South Dakota near you; you approve the price first. If a local notary in South Dakota does it: A fee per instrument is allowed; the statute states no dollar maximum (SDCL 18-1-9), under the state's fee rules ([South Dakota notary fees](/notary/fees-by-state/south-dakota)). ## Get it notarized online today Online notary: open now until 9 PM ET · sessions by appointment · times confirmed by email A New Jersey notary can notarize this with you on a video call, wherever you are in the U.S. $50 for the session, $10 for each extra signer. Any other fee shows in the booking form before you confirm. Open 7 am to 9 pm ET, every day, by appointment. **What you need** - A valid government photo ID - A computer or phone with a camera - The unsigned document [Book an online session](/notary/?service=ron#order) Our certificate states the act was performed using communication technology, as New Jersey law requires. [What it must say](/notary/remote-online-notarization-certificate-wording) Most U.S. recipients accept a remotely notarized document; check with whoever will receive it. [What to ask them](/notary/will-my-online-notarization-be-accepted) · [Several signers](/notary/online-notarization-multiple-signers) ## Sources - [SDCL 29A-3-1201, Collection of personal property by affidavit (South Dakota Legislature)](https://sdlegislature.gov/api/Statutes/29A-3-1201.html?all=true) (checked November 2026) - [Nolo (secondary source): Probate Shortcuts in South Dakota (Nolo, updated 4/12/2024)](https://www.nolo.com/legal-encyclopedia/south-dakota-probate-shortcuts-32129.html) (checked November 2026) Sourced from official pages; a few facts from vetted secondary sources, marked "(secondary source)". We are not lawyers, and this is general information, not legal advice. Checked November 2026. Rules change, and whoever receives the document decides what it accepts; we can't guarantee acceptance. ## Common questions **Is a notary required for a South Dakota small estate affidavit?** Yes, a notary is required. The successor signs the affidavit, swearing to its truthfulness, and has it notarized. **What is the small estate limit in South Dakota?** 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. **How long after a death can the South Dakota affidavit be used?** Thirty days after the death. **Is the South Dakota affidavit filed with a court?** Presented to whoever owes the debt or holds the property. **Can I sign the South Dakota affidavit with an online notary?** Our New Jersey notary can notarize it by video while you're in South Dakota. Ask the bank, holder or court that will receive it whether it accepts an electronically notarized affidavit. **What does a notary charge in South Dakota?** A fee per instrument is allowed; the statute states no dollar maximum (SDCL 18-1-9), under the state's fee rules. A mobile notary may add a travel fee; ask for the total first. ## Keep going - [Eligibility checker](/notary/small-estate-eligibility-checker?state=sd) - [Small estate rules in every state](/notary/small-estate-affidavit-by-state) - [A power of attorney in South Dakota](/notary/does-it-need-a-notary/power-of-attorney-south-dakota) - [A will in South Dakota](/notary/does-it-need-a-notary/will-south-dakota) A small estate affidavit in another state: [South Carolina](/notary/does-it-need-a-notary/small-estate-affidavit-south-carolina) · [Tennessee](/notary/does-it-need-a-notary/small-estate-affidavit-tennessee) · [every state](/notary/does-it-need-a-notary?doc=small-estate-affidavit) ## Ready to sign? Book a video session. [Book an online notarization](/notary/#order)[Call (908) 444-6373](tel:+19084446373)