The affidavit must state that:
-
1.
The value of the entire estate, wherever located, less liens and encumbrances, does
not exceed $100,000;
-
2.
Thirty (30) 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.
S.D. Codified Laws § 29A-3-1201.
We must review the affidavit to ensure that the individual requesting payment of an
underpayment meets the requirements in this section.
We must also ensure that the underpayment would not push the estate over the $100,000
threshold, which may invalidate the small estate process, refer to GN 02315.025.
An SSA underpayment is not excluded when calculating the value of the estate. S.D.
Codified Laws § 29A-3-1201. Therefore, we may ask the individual for a general estate
inventory to determine whether the value of the assets of the decedent’s estate, including
the underpayment, is within the $100,000 threshold.