For most Marshall County homeowners, the house is what drags an estate into probate. A transfer-on-death deed or a living trust keeps it out—here is how to set up either one and record it locally.
For a Marshall County property owner, the biggest probate risk is the home itself. Real estate is what forces most families into the Circuit Court. The two tools that keep a Marshall County home out of probate are a transfer-on-death deed recorded with the Register of Deeds, and a revocable living trust that holds title to the property.
Without a recorded beneficiary designation or a trust, Marshall County property passes through the Circuit Court — even simple South Dakota probates run 4+ months and start with $122 in filing fees. South Dakota also lets owners name a transfer-on-death beneficiary on vehicle titles, which keeps cars out of the same process.
A transfer on death deed names a beneficiary who receives Marshall County property automatically at the owner's death, without probate. It is recorded with the Register of Deeds during the owner's lifetime and can be revoked at any time.
Before recording, a South Dakota transfer on death deed is signed with notary acknowledgmentSDCL 29A-6-401 to 29A-6-435Verified Aug 24, 2026View source. The deed takes effect only if it is recorded before the owner's deathSDCL 29A-6-401 to 29A-6-435Verified Aug 24, 2026View source.
Deeds and other real property documents for Marshall County are recorded with the Register of Deeds at 911 Vander Horck St, Britton, SD 57430. Phone: 605-448-2352.
Documents submitted by mail go to PO Box 130.
The Register of Deeds charges $30 for the first 50 pages plus $2 for each page beyond 50. Recording a 2-page transfer on death deed in Marshall County comes to $30. A transfer on death deed is exempt from transfer tax.
Recording Office Record
Marshall County
Address
Phone
Recording fees
| Base fee (first 50 pages) | $30 |
| Each page beyond 50 | $2 |
| Transfer tax on a TOD deed | Exempt |
SDCL 7-9-15 (recording fees); SDCL 7-9-7 (certificate of value; TOD deeds exempt under subd. (5)); SDCL 43-28-23 (document format standards); SDCL 43-4-21 (real estate transfer fee); SDCL 43-4-22 (transfer fee exemptions)
Verified September 8, 2026 · Source
FirmWebster, SD
Delaney, Nielsen & Sannes is one of the oldest firms in Northeast South Dakota, established in 1908 with over 115 years of service. The firm creates wills, trusts, and estate planning documents from offices in Webster and Sisseton, and is licensed in Sisseton-Wahpeton Sioux Tribal Court, state, and federal courts.
PracticesEstate PlanningProbateTrustsWills
FirmAberdeen, SD
Multi-attorney firm in Aberdeen serving Brown County and the northeast. Handles probate, estate planning, guardianships, and conservatorships, alongside banking law, corporate formation, personal injury, and criminal defense.
PracticesEstate PlanningTrust AdministrationProbateElder Lawand 5 more
FirmWatertown, SD
Foley and Foley Law Office is a multi-generational firm established in 1910, serving Watertown, Milbank, and Arlington, South Dakota. The firm provides representation for wills, powers of attorney, trusts, real estate transactions, and estate and trust administration.
PracticesEstate PlanningProbateConservatorshipGuardianshipand 3 more
FirmHuron, SD
Multi-attorney firm in Huron serving Beadle County and the Jim River valley. Handles probates, trust and estate planning, guardianships and conservatorships, and protection of elderly and vulnerable persons, alongside real estate, land management, and business law.
PracticesEstate PlanningTrust AdministrationProbateElder Lawand 2 more
FirmAberdeen, SD
Serves Aberdeen, Brown County, and northeastern South Dakota. Handles probate administration, wills, living wills and health directives, durable powers of attorney, revocable and special-needs trusts, and guardianships, with farm and ranch planning for area families.
PracticesEstate PlanningProbateElder LawPowers Of Attorneyand 2 more
FirmWatertown, SD
Serving Watertown and Codington County since 1916 (formerly Green, Roby, Oviatt, Cummings & Linngren). Handles administration of trusts and estates, wills and trusts, and guardianships, with farm family succession planning. Partner Nancy Oviatt has focused on estate and trust administration here since 1988.
PracticesEstate PlanningTrust AdministrationProbateTrustsWills
Firm listings are for informational purposes only. SimplyTrust does not endorse or recommend any specific firm or attorney. Contact firms directly to verify their current practice areas and availability.
Data sourced from South Dakota statutes and official state code. How we research.
Estate planning articles for South Dakota.
Forms and tools for property owners in Marshall County.
Create a revocable living trust to avoid probate, protect privacy, and control asset distribution.
Create a free, state-specific will with witness and notarization requirements included.
Transfer assets to your existing trust. State execution requirements included.
Transfer real property to a beneficiary upon your death without probate.
Designate someone to make medical decisions on your behalf.
Designate someone to manage your financial affairs.
Answer questions about your estate size, real estate ownership, marital status, and family situation to see how a revocable trust compares to a will alone. Includes estimated probate costs for your state.
Answer questions about your property type, ownership structure, and estate plan to see if a TOD deed is the right approach. Includes state-specific availability, signing requirements, and recording fees.
Compare trusts vs wills for your specific situation. See probate costs, trust administration expenses, and whether your estate qualifies for simplified procedures based on your state and estate value.
Find out who inherits your estate and how much they get if you die without a will. Based on your state's intestate succession laws.
Compare the cost of creating a revocable living trust. See how SimplyTrust, Trust & Will, LegalZoom, and attorneys compare over 5 years including life events.
Estate planning articles for South Dakota.
