Overview
Marshall County is located in South Dakota with a population of approximately 4,300. The Fifth Judicial Circuit Court handles all probate and estate matters for decedents who were domiciled in the county at the time of death.
South Dakota probate is governed by South Dakota Codified Laws Title 29A (Uniform Probate Code). The process begins with filing a Petition for Probate of Will and Appointment of Personal Representative to admit the will and appoint a personal representative. The court then issues Letters Testamentary for testate estates or Letters of Administration for intestate estates.
South Dakota offers a simplified process for small estates. If the value of the entire estate (less liens and encumbrances) does not exceed $100,000, successors may use an Affidavit for Collection of Personal Property to collect assets without formal probate, provided at least 30 days have passed since the death.
Personal representatives are entitled to reasonable compensation for their services. While "reasonable" is the statutory standard, compensation is often calculated based on a declining percentage of the estate value (e.g., 5% on the first $1,000, 4% on the next $4,000, and 2.5% on the excess).
This guide provides an informational overview of the Marshall County probate process. It is not legal advice and is not a substitute for consulting a qualified attorney. Laws and local procedures may change — verify current requirements with the court.
Courthouse Information
Marshall County Clerk of Courts
Probate matters in Marshall County are handled at the Marshall County Courthouse.
Address: 911 Vander Horck St, Britton, SD 57430
Phone: (605) 448-5213 (Clerk of Courts)
Hours: Monday through Thursday, 8:00 AM to 11:30 AM & 12:00 PM to 4:30 PM
The Clerk of Courts office is located on the 3rd floor of the courthouse. The office is closed on Fridays and closes for lunch from 11:30 AM to 12:00 PM; it is advisable to call ahead to confirm availability.
Parking and Access
Public parking is available around the courthouse square and on adjacent streets. The building is accessible to the public during business hours, with security screening required at the entrance.
Filing Process
Step 1: Determine If Probate Is Necessary
Before filing, assess whether formal probate is required:
- Small Estate Affidavit: If the estate consists of personal property valued at $100,000 or less, you may be able to use an affidavit 30 days after death.
- Joint Tenancy: Assets held in joint tenancy with rights of survivorship pass directly to the surviving owner.
- Trust administration: Assets held in a living trust generally do not require probate.
Step 2: File the Petition
If formal probate is needed, file a Petition for Probate of Will and Appointment of Personal Representative with the Marshall County Clerk of Courts. Include:
- Petition for Probate (Form UJS-080 or similar)
- Original will and codicils (if any)
- Certified death certificate
- Filing fee ($75.00)
- Statement of Informal Probate (if proceeding informally)
South Dakota allows for both informal (administrative) and formal (judicial) probate proceedings.
Step 3: Provide Notice
After filing, you must:
- Mail notice of the hearing (or informal appointment) to all heirs, beneficiaries, and interested parties at least 14 days before the hearing (or within 30 days of informal appointment).
- Publish notice in a newspaper of general circulation in Marshall County for three successive weeks.
Step 4: Attend the Hearing
If formal probate is requested, the court will schedule a hearing on the petition. At the hearing, the judge reviews the petition and, if approved, issues Letters Testamentary or Letters of Administration. Informal proceedings typically do not require a hearing unless contested.
Step 5: Administer the Estate
After receiving Letters, the personal representative must:
- Notify creditors (creditors have 4 months from the date of first publication to file claims)
- Inventory and appraise all estate assets within 3 months of appointment
- Pay valid creditor claims
- File federal and state tax returns as needed
- Distribute assets to beneficiaries
- File a final accounting and petition for discharge
Local Requirements
Marshall County-Specific Procedures
- Filing Method: Documents may be filed in person or by mail. South Dakota utilizes the Odyssey File & Serve system for e-filing in many circuits; check with the Clerk for mandatory e-filing requirements for attorneys.
- Bond requirements: Bond may be required unless waived by the will or by the court.
- Local court rules: The 5th Judicial Circuit may have specific administrative rules regarding scheduling and document formatting.
- Publication: Notice must be published in a newspaper of general circulation in Marshall County, such as the Marshall County Journal, for three successive weeks.
Always verify the specific number of copies required if filing in paper format.
Timeline & Fees
Filing Fees (Marshall County)
- Probate Filing Fee: approximately $75.00
- Small Estate Affidavit: No court filing fee (affidavit is presented to holder of property)
- Certified copies of Letters: approximately $0.50 per page plus certification fee
- Publication costs: approximately $40-$100 depending on the newspaper and length of notice
- Copies: $0.50 per page
Payment Methods
The court accepts cash, checks, or money orders. Credit cards may be accepted with a convenience fee.
Estimated Timelines
- Simple estates (informal, no disputes): 6-9 months
- Average estates: 9-12 months
- Complex or contested estates: 12 months to 2 years
The creditor claim period in South Dakota is 4 months from the first publication of notice, which sets a minimum baseline for closing the estate.
Local Resources
Marshall County Court Resources
- Court Website: https://ujs.sd.gov/
- Probate Self-Help: https://ujs.sd.gov/self-help/
- South Dakota Probate Forms: https://ujs.sd.gov/form-file-search/
Legal Aid and Attorney Referrals
- State Bar of South Dakota: (605) 224-7554 — https://www.statebarofsouthdakota.com/
- East River Legal Services: (605) 336-9230 — Provides legal assistance to low-income residents in eastern South Dakota.
- South Dakota Find-a-Lawyer: https://findalawyerinsd.com/
Publication
- Marshall County Journal: (605) 448-2281 — Official newspaper for legal notices in Britton/Marshall County.