Probate in Marshall County runs through the Circuit Court: prove the will, settle the debts, and pass the house to the heirs. Here is how the local process works—and what each step actually costs.
When someone dies in Marshall County, settling their estate runs through the Circuit Court. This page covers the court record, whether probate is required, what it costs, how to file, transferring property, and the local attorneys who handle probate here.
Probate Court Record
Marshall County · 5th Judicial Circuit
Address
Phone
Fax
Hours
Mailing: PO Box 130, Britton, SD 57430-0130 (the UJS county page no longer lists the PO Box as of 2026-07-04; the street address is current). No Friday hours.
Verified July 4, 2026 · Source
Probate is the court-supervised process of settling someone's estate after they die — validating the will, paying debts and taxes, and transferring what's left to the heirs. In Marshall County, probate runs through the Circuit Court at 911 Vander Horck, Britton. The court sits in the 5th Judicial Circuit.
The personal representative opens the case, gives notice to heirs and creditors, files an inventory of the estate's assets, settles outstanding debts and taxes, and then distributes the remainder under the will — or under South Dakota intestacy law when there is no will.
Most South Dakota estates take 6 months to 12 months to move through this process. The 4 monthsSDCL § 29A-3-801Verified Sep 8, 2026View source creditor claim window is the largest fixed piece of that timeline — a mandatory wait regardless of how simple the estate is.
What probate costs in Marshall County, South Dakota comes down to a handful of line items — the court filing fee, attorney and executor compensation, publication, and sometimes a bond — scaled by the estate's size and whether the will is contested. The case itself runs through the Circuit Court at 911 Vander Horck, Britton. The court is part of the 5th Judicial Circuit.
South Dakota charges $122SDCL § 16-2-29(1); SDCL § 16-2-39; SDCL § 14-6-1Verified Sep 8, 2026View source to open probate, the same in every county. Additional filings during administration — inventory, accounting, the final petition — add to the total.
E-filing is mandatory for attorneys filing at the Circuit Court (https://efilesd.tylertech.cloud/OfsEfsp/ui/landing). Self-represented filers can request a paper-filing exemption.
Estimate the costs for this estate:
Attorney fees in South Dakota are negotiated, typically 1.8%SDCL § 29A-3-719(a) (reasonable compensation; no statutory percentage for attorneys)Verified Sep 8, 2026View source to 2.8%SDCL § 29A-3-719(a) (reasonable compensation; no statutory percentage for attorneys)Verified Sep 8, 2026View source of estate value. Flat-fee arrangements are common for straightforward estates.
Executor compensation is also statutory in South Dakota. Family executors who are also beneficiaries often waive the fee — executor pay is taxable income while inheritances are not.
Probate in South Dakota typically runs 6 months to 12 months, and costs accrue throughout that period.
If you're handling probate yourself in Marshall County, South Dakota, you can file at the Circuit Court in person or by mail. E-filing is mandatory for attorneys but families filing without one are exempt and can use paper forms. The court sits in the 5th Judicial Circuit.
How to File Your Documents
You can file your probate documents in person or by mail. While attorneys are required to e-file in Marshall County, families handling probate themselves are exempt and can file on paper.
If you prefer, you can file electronically through the state's online system. This is optional for families filing without an attorney.
View E-Filing InformationPaper Filing Required For
Not every estate requires an attorney. Estate size, asset types, and whether beneficiaries agree determine if self-filing at the Circuit Court is realistic.
For a full cost comparison and filing checklist, see the Marshall County Self-Filing Assessment.
Before You Go
You can file in person without an appointment. Paper filings are accepted at the clerk of court counter during office hours; UJS publishes no appointment requirement.
To file at the Circuit Court you need: the original will (or proof there isn't one), a certified death certificate, contact information for all heirs and beneficiaries, and a summary of what the estate owns and owes.
Clearing title to real estate after a death, whether by a personal representative’s deed, an affidavit of survivorship, or a court order, happens at the Register of Deeds.
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 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
South Dakota allows informal probate, so many families settle straightforward estates in Marshall County without hiring an attorney. A probate attorney earns the fee when the estate is contested, includes a business or out-of-state real estate, has unclear or insolvent debts, or when beneficiaries disagree.
Probate attorney fees in South Dakota are based on reasonable compensation — typically 1.8%SDCL § 29A-3-719(a) (reasonable compensation; no statutory percentage for attorneys)Verified Sep 8, 2026View source to 2.8%SDCL § 29A-3-719(a) (reasonable compensation; no statutory percentage for attorneys)Verified Sep 8, 2026View source of the estate's value, billed hourly or as a flat fee. Ask a Marshall County firm to quote a structure up front.
A probate attorney files the petition with the Circuit Court, publishes the required creditor notices, prepares the inventory and accounting, handles creditor claims and tax filings, and guides the final distribution. They represent the personal representative — not the beneficiaries — a distinction that matters if a dispute develops.
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.
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Probate fee bases vary by state and may use gross estate, personal property, inventory value, or net property after debts. This calculator provides educational estimates only and does not constitute legal or financial advice. Actual costs vary significantly by county, attorney, and estate complexity. Consult a licensed attorney in your state for guidance specific to your situation.
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Step-by-step tools for families in Marshall County, South Dakota.
Get a personalized plan for settling an estate after someone passes away. Covers trust administration, probate, and intestate estates.
Get a personalized plan for settling a trust after the grantor passes away. Covers beneficiary notification, asset transfers, creditor handling, taxes, and distributions.
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