Overview
Walworth County is located in South Dakota with a population of approximately 5,270. 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 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 Small Estate Affidavit procedure for estates valued at $100,000 or less (SDCL 29A-3-1201). This allows successors to collect personal property without full court administration after a 30-day waiting period.
State law sets a standard filing fee of $75.00 for probate petitions. Attorneys generally charge reasonable fees based on the time and complexity of the work, rather than a statutory percentage of the estate.
This guide provides an informational overview of the Walworth 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
Fifth Judicial Circuit Court
Probate matters in Walworth County are handled at the Walworth County Courthouse.
Address: 4304 4th Avenue, PO Box 328, Selby, SD 57472
Phone: (605) 649-7311 (Clerk of Courts)
Hours: Monday, Wednesday, and Friday: 8:00 AM to noon and 1:00 PM to 5:00 PM; Tuesday and Thursday: 1:00 PM to 5:00 PM (CT)
The Clerk of Courts office is located within the county courthouse in Selby. The Fifth Judicial Circuit serves Walworth County along with several surrounding counties.
Parking and Access
Street parking is generally available around the courthouse in Selby. The building is accessible to the public during standard business hours.
Filing Process
Step 1: Determine If Probate Is Necessary
Before filing, assess whether formal probate is required:
- Small Estate Affidavit: If the estate's personal property is valued at $100,000 or less, you may use an affidavit to collect assets 30 days after death.
- Joint Tenancy: Assets held in joint tenancy with rights of survivorship pass automatically 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 and Appointment of Personal Representative with the Fifth Judicial Circuit Court. Include:
- Original Will (if the decedent had one)
- Certified Death Certificate
- Statement of Informal Probate (if proceeding informally)
- Filing fee of $75.00
- Any additional required forms (e.g., Renunciations, Nominations)
Attorneys are required to file electronically via the Odyssey File & Serve system. Self-represented litigants may file in paper at the Clerk's office.
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.
- Publish notice in a newspaper of general circulation in Walworth County (e.g., Mobridge Tribune) once a week for three successive weeks.
Step 4: Attend the Hearing
For formal probate, the court will schedule a hearing on the petition, typically 2 to 4 weeks after filing. At the hearing, the judge reviews the petition and, if approved, issues Letters Testamentary or Letters of Administration. Informal probate may be processed by the Clerk without a hearing if there are no objections.
Step 5: Administer the Estate
After receiving Letters, the personal representative must:
- Notify creditors (claims are barred 4 months after the first publication of notice).
- Inventory and appraise all estate assets within 3 months of appointment.
- Pay valid creditor claims and estate expenses.
- File federal and state tax returns as needed.
- Distribute assets to beneficiaries.
- File a final accounting and petition for discharge to close the estate.
Local Requirements
Walworth County-Specific Procedures
- E-filing: Mandatory for attorneys via the South Dakota Odyssey File & Serve system; optional for pro se litigants.
- Bond requirements: Bond may be required unless waived by the will or by the court.
- Local court rules: The Fifth Judicial Circuit may have specific scheduling practices; contact the Clerk for hearing availability.
- Publication: Notice to creditors must be published in a legal newspaper in Walworth County, such as the Mobridge Tribune or Selby Record, for three consecutive weeks.
Always check with the Clerk of Courts for the most current local forms and procedural requirements.
Timeline & Fees
Filing Fees (Walworth County)
- Probate Petition: $75.00
- Court Administration/Automation Fees: Approximately $40.00
- Certified copies of Letters: ~$5.00 per copy
- Publication costs: Approximately $40-$100 depending on the newspaper
- Mailing costs: Varies based on number of heirs/beneficiaries
South Dakota does not have a statutory percentage fee for attorneys or personal representatives; fees must be reasonable based on services provided.
Payment Methods
The court accepts cash, checks, or money orders. Credit cards may be accepted for e-filing or with a convenience fee.
Estimated Timelines
- Simple estates (informal, no disputes): 4-6 months
- Average estates: 6-9 months
- Complex or contested estates: 9 months to 2 years
The creditor claim period is 4 months from the first publication of notice, which sets a minimum duration for the estate administration.
Local Resources
Walworth County Court Resources
- Court Website: ujs.sd.gov
- Probate Self-Help: SD UJS Self-Help
- South Dakota Probate Forms: UJS Forms
Legal Aid and Attorney Referrals
- State Bar of South Dakota: (605) 224-7554 — statebarofsouthdakota.com
- East River Legal Services: (605) 336-9230 — Provides legal aid to low-income residents.
- South Dakota Find-a-Lawyer: findalawyerinsd.com
Publication
- Mobridge Tribune: (605) 845-3646 — Official county newspaper.
- Selby Record: (605) 649-7628 — Local legal newspaper.