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Marshall County, OK Probate Information
Quick facts
| Item | Marshall County information |
|---|---|
| Court | District Court of Marshall County |
| Filing office | Marshall County Court Clerk |
| Courthouse address | Marshall County Courthouse, 100 Plaza, Madill, OK 73446 |
| Mailing address | P.O. Box 58, Madill, OK 73446 |
| Phone | (580) 795-3278 |
| Fax | (580) 795-9454. An older public legal-aid directory shows a different fax number, so call before faxing. |
| Hours | Business days, 8:30 a.m. to 12:00 p.m. and 12:30 p.m. to 5:00 p.m.; closed for lunch from 12:00 p.m. to 12:30 p.m. |
| Filing fee | $135.00 probate and guardianship flat fee, effective November 1, 2025, under 28 O.S. § 152(A)(3), plus statutory costs including the $7.00 Dispute Resolution cost under 12 O.S. § 1809(A), current as of August 2026, and any locally authorized charges. No Marshall County opening total is posted, so confirm the amount with the court clerk before filing. |
| Local forms | No Marshall County probate petition packet or local probate cover sheet is posted. The Twentieth Judicial District has a probate-specific local rule for attorney-fee requests before closing. |
| E-filing | Marshall County is not one of Oklahoma's thirteen e-filing counties. File the opening petition on paper. No new probate case can be opened electronically anywhere in Oklahoma. |
| Case search | Marshall County dockets are on ODCR at www1.odcr.com. Online coverage begins February 13, 1997. Free docket searching is available; scanned document images require a paid subscription. |
| Remote appearance | Oklahoma district courts may use videoconferencing under 20 O.S. § 130 and Rule 34, but the presiding judge decides. Ask the Marshall County Court Clerk when the hearing is set. |
| Website | marshall.okcounties.org |
Before you begin — know the assets and liabilities
Before you file in Marshall County, list the assets, debts, real property, beneficiary designations, joint accounts, vehicle titles and any transfer-on-death deed. That first inventory drives the estate settlement path, the notice plan, the filing fee estimate and whether a court case is needed at all.
Sunset can search more than 2,300 financial institutions to help identify accounts and assets before the Marshall County packet is prepared. Starting with a complete asset picture reduces repeated filings, missed notices and delays after letters issue.
Which court handles jurisdiction
Probate for Marshall County is filed with the Marshall County Court Clerk at the courthouse in Madill, in the District Court of Marshall County, which sits in Oklahoma's Twentieth Judicial District together with Love, Carter, Murray and Johnston counties. Sharing a judicial district does not send a Marshall County filing to Ardmore, Sulphur, Tishomingo or Marietta.
Oklahoma venue is tied to the county. If the decedent died as an Oklahoma resident, venue is in the county where the decedent resided at death, regardless of where the death occurred. For a nonresident decedent, Oklahoma uses the sequence in 58 O.S. § 5(2), including the county where Oklahoma property is located when that rule applies (58 O.S. § 5).
The jurisdiction process
- Gather the death certificate, the original will if there is one, a list of heirs and beneficiaries, known debts, asset information and deeds for any Marshall County real property.
- Decide the filing path before going to Madill. Oklahoma has a no-court affidavit route under 58 O.S. § 393, summary administration under 58 O.S. §§ 245 through 247, and regular probate, with dispensing with regular proceedings available in some cases under 58 O.S. § 241.
- Prepare the petition and any required civil cover sheet, then file the opening papers on paper with the Marshall County Court Clerk at 100 Plaza, Madill, OK 73446. Marshall County is not an e-filing county, and a new Oklahoma probate case is not opened electronically.
- Pay the opening fee to the court clerk. The statutory probate and guardianship flat fee is $135.00, effective November 1, 2025, under 28 O.S. § 152(A)(3), plus statutory costs and any locally authorized charges.
- Ask how the hearing will be set and how notice must be handled. Oklahoma probate has noticed hearings, including hearings to admit a will, appoint the personal representative and close the estate.
- After the district judge appoints the personal representative, obtain letters testamentary, letters of administration or letters of administration with will annexed, depending on the case. Complete any oath and any bond the judge requires.
- Publish and mail the notice to creditors when required. The notice states a presentment date, and a claim not presented by that date is barred forever under 58 O.S. § 333.
- Inventory the estate, handle claims, collect assets, sell property if authorized and pay approved expenses. If a Marshall County personal representative asks to pay an attorney before the probate closes, Twentieth Judicial District Rule 3.1 requires the request to be personally signed by the personal representative and limited to services already rendered, and the payment must not hinder closing or prejudice estate solvency.
- File the final account or closing request and petition for distribution, give required notice and attend the final hearing. The district judge signs the decree of distribution and discharge if the statutory requirements are met.
- After closing, record any decree affecting real property with the county clerk in each county where land is located, including Marshall County if the land is there (58 O.S. §§ 247(B), 711).
Forms and documents
Probate forms in Marshall County
Marshall County does not post a local probate petition packet, probate checklist or local probate cover sheet for families to download. A probate filing still must meet Oklahoma statutory requirements, and Oklahoma uses a civil cover sheet for district court filings.
The most important local practice item is not a form. Twentieth Judicial District Rule 3.1 applies to Marshall County probate cases and limits requests to approve attorney fees before the estate closes. The request must be personally signed by the personal representative, cover only services already rendered, and show that payment will not delay closing or prejudice the estate's solvency.
Local nuance
Marshall County-specific considerations
| Local point | What it means in Marshall County |
|---|---|
| Shared judicial district | Marshall County shares Oklahoma's Twentieth Judicial District with Love, Carter, Murray and Johnston counties, but a Marshall County probate is filed at the Marshall County Courthouse in Madill. |
| Attorney-fee timing rule | Twentieth Judicial District Rule 3.1 applies in Marshall County. A pre-closing attorney-fee request must be personally signed by the personal representative, limited to services already rendered, and consistent with timely closing and estate solvency. |
| ODCR docket system | Marshall County dockets are searched on ODCR at www1.odcr.com. The county's court clerk page points to ODCR for searching. |
| Paper filing | Marshall County is not on Oklahoma's e-filing list, and a new Oklahoma probate case is not opened electronically. |
| Lunch closure | The court clerk's public hours include a 12:00 p.m. to 12:30 p.m. lunch closure. Plan filing trips around that closure. |
Recent updates
| Change | What changed |
|---|---|
| Summary administration amount | Oklahoma's summary administration ceiling under 58 O.S. § 245 is $300,000.00, effective August 12, 2026, under Laws 2026, HB 2650. |
| Combined notice publication rule | An amendment to 58 O.S. § 246 takes effect November 1, 2026, under Laws 2026, HB 4339. Ask counsel or the Marshall County Court Clerk about the current notice process when the petition is filed. |
Scenarios
| Situation | Likely Marshall County path | Where Sunset helps |
|---|---|---|
| Surviving spouse with a co-owned home | Start by checking the deed, account titles, beneficiary designations and any transfer-on-death deed. Some property may pass outside a court case, but any Marshall County probate filing is made with the court clerk in Madill. | Sunset helps identify accounts, deeds and beneficiary assets so the spouse does not open an estate settlement case for property that already has a non-probate transfer path. |
| Out-of-state adult child with a small estate | Check first whether Oklahoma's affidavit route under 58 O.S. § 393 fits. If a court case is needed, a nonresident decedent can qualify for summary administration under 58 O.S. § 245, and the Marshall County filing is still made on paper in Madill if venue belongs there. | Sunset organizes the asset list, flags institutions to contact and helps prepare the court packet or affidavit materials for attorney review. |
| Parent settling a predeceased child's estate, home must be sold | A sale usually requires letters and a court order. If the sale or lease occurs in probate, the statutory charge for a proceeding to sell or lease property is $43.00, effective November 1, 2025, under 28 O.S. § 152(A)(5). If attorney fees are requested before closing, Twentieth Judicial District Rule 3.1 applies. | Sunset helps build the estate settlement inventory, organize the sale-related paperwork and connect the parent with a local probate attorney. |
Self-help resources
| Resource | How it helps | Contact |
|---|---|---|
| Marshall County Court Clerk | Accepts filings, collects court costs, issues case documents and can answer filing-counter questions. Court staff cannot give legal advice or choose a probate route. | Marshall County Courthouse, 100 Plaza, Madill, OK 73446. Mail: P.O. Box 58, Madill, OK 73446. Phone: (580) 795-3278. Hours: business days, 8:30 a.m. to 12:00 p.m. and 12:30 p.m. to 5:00 p.m. |
| Legal Aid Services of Oklahoma | Free civil legal help for eligible Oklahomans, subject to income rules and case priorities. The Ardmore office serves Marshall County. | 14 E Street Southwest, Ardmore, OK 73401. Phone: 580-226-4863 or 800-421-8007. Statewide application line: 1-888-534-5243, Monday through Thursday, 9 a.m. to 4 p.m. |
| Oklahoma Indian Legal Services | Help for tribal members with restricted land, wills clinics and mineral-interest issues. It is not a general substitute for a Marshall County probate attorney. | (405) 943-6457 or, in Oklahoma, 800-658-1497. |
| ODCR case search | Searches Marshall County district court dockets. Free docket searching is available; scanned document images require a paid subscription. | www1.odcr.com. Marshall County online coverage begins February 13, 1997. |
When to hire an attorney
Probate counsel is especially useful in Marshall County when the estate includes real property, a sale, creditor disputes, heirs who disagree, restricted or trust land, or a request to pay attorney fees before closing under Twentieth Judicial District Rule 3.1. An attorney can also handle notice, hearing preparation, letters, sale authority and the final decree. Sunset connects families with a vetted attorney.
How Sunset helps
Find the accounts and assets. Sunset searches more than 2,300 financial institutions and helps organize property, debts, titles and beneficiary information so the estate settlement starts with a complete picture.
Generate the probate packet. Sunset turns the family intake into an organized Marshall County probate packet for review, with the court, filing office, local rule notes and required next steps in one place.
Find a local probate attorney. When a judge's order, sale of a home, creditor issue or local practice question requires counsel, Sunset can connect the family with a probate attorney who works in Oklahoma.
Sunset is free for families. Families can use Sunset's estate settlement tools without paying Sunset. If legal help is needed, the attorney relationship and any legal fees are handled directly with the attorney.
Frequently asked questions
Where do I file probate in Marshall County?
File with the Marshall County Court Clerk at the Marshall County Courthouse, 100 Plaza, Madill, OK 73446. The case is in the District Court of Marshall County, even though Marshall County shares Oklahoma's Twentieth Judicial District with Love, Carter, Murray and Johnston counties.
Can I e-file a Marshall County probate?
No. Marshall County is not one of Oklahoma's thirteen e-filing counties. The opening petition is filed on paper, and no new Oklahoma probate case is opened electronically.
How do I look up a Marshall County probate case?
Use ODCR at www1.odcr.com for Marshall County district court dockets. Online coverage for Marshall County begins February 13, 1997. Docket searching is free, while scanned document images require a paid subscription.
Does Marshall County have local probate forms?
Marshall County does not post a local probate petition packet or local probate cover sheet. The local practice item to know is Twentieth Judicial District Rule 3.1, which controls requests to approve attorney fees before a probate closes.
What does it cost to open probate in Marshall County?
The statutory probate and guardianship flat fee is $135.00, effective November 1, 2025, under 28 O.S. § 152(A)(3), plus statutory costs including the $7.00 Dispute Resolution cost under 12 O.S. § 1809(A), current as of August 2026, and any locally authorized charges. Because Marshall County does not post an opening total, call the court clerk before filing.
Can I appear remotely for a Marshall County probate hearing?
Possibly, but it is not automatic. Oklahoma district courts may use videoconferencing under 20 O.S. § 130 and Rule 34, and the presiding judge decides whether a particular hearing may proceed that way. Ask the Marshall County Court Clerk when the hearing is set.
Do I have to travel to Madill for every step?
The opening papers are filed with the Marshall County Court Clerk in Madill, and hearings are set by the court. Some tasks can be handled by mail, counsel or approved remote procedures, but you should ask the court clerk and your attorney before assuming travel is unnecessary.
What happens if creditors miss the Marshall County presentment date?
The notice to creditors states a presentment date. A claim not presented by that date is barred forever under 58 O.S. § 333, subject to the statute's exceptions.
Shaped by the families we've helped
Thank you to the thousands of families who have trusted Sunset to help settle their loved ones' estates. This page is shaped by the questions they actually asked and the obstacles they actually hit — and that hard-won experience is what keeps it accurate, current, and genuinely useful to the families who come next.