Back to South Dakota
Marshall County, SD Probate Information
Quick facts
| Topic | Marshall County information |
|---|---|
| Court | Circuit court in Marshall County, Fifth Judicial Circuit |
| Filing office | Clerk of courts, Marshall County Courthouse |
| Courthouse address | 911 Vander Horck, Britton, SD 57430 |
| Mailing | No separate mailing line is listed for the clerk. Use the courthouse address as listed and call before mailing time-sensitive papers. |
| Phone | 605-448-5213 |
| Fax | 605-448-5201 |
| Hours | 8:00 a.m. to 11:30 a.m. and noon to 4:30 p.m., Monday through Thursday. No Friday hours are listed. |
| Filing fee | $122.00 total, effective July 1, 2026: $75.00 under SDCL 16-2-29, $40.00 under SDCL 16-2-39, and $7.00 under SDCL 14-6-1. |
| Local forms | The clerk's county page does not list a Marshall County probate packet or cover sheet. The Unified Judicial System does not publish a statewide probate form set. |
| E-filing | Attorneys file through the Odyssey electronic filing system. Self-represented parties may file electronically, but are not required to file electronically, under SDCL 15-6-5(e). |
| Case lookup | eCourts at ecourts.sd.gov provides docket summaries for public cases after free registration. Public online access does not include document viewing; public access terminals are available at courthouses under SDCL 16-21-8. |
| Remote appearance | Whether telephone or video can be used is set by the assigned circuit judge. Ask the clerk how to request it. |
| Website | https://ujs.sd.gov/court-finder/fifth-judicial-circuit/marshall-county/ |
Before you begin — know the assets and liabilities
Before you choose a filing path in Marshall County, list the accounts, vehicles, land, debts, and possible creditor issues first. Probate paperwork is easier to prepare when you know which assets need letters, which may pass outside the estate, and whether a court case is needed for the estate settlement.
Sunset's asset discovery searches more than 2,300 financial institutions to help families find accounts and organize estate settlement information before they contact the clerk of courts or an attorney.
Which court handles jurisdiction
Probate for Marshall County is filed with the clerk of courts at the Marshall County Courthouse in Britton. Marshall County is one of the 10 counties in the Fifth Judicial Circuit, which is how judges and court administration are organized; the case itself is filed at this county's courthouse (SDCL 16-5-1.2; SDCL 29A-3-201).
South Dakota has no separate court for decedents' estates: estate settlement is a case class of the circuit court, the state's trial court of general jurisdiction, which sits in all 66 counties, and the papers are filed with the clerk of courts at the Marshall County Courthouse (S.D. Const. art. V, § 1; SDCL 16-6-9(5); SDCL 29A-3-201). The separate county-level trial forum that once shared this work was abolished and its jurisdiction folded into the circuit court (SDCL 16-6-9(7); SDCL ch. 16-9, repealed).
Venue for the first informal or formal testacy or appointment proceeding is in the county where the decedent was domiciled at death, or, for a non-South Dakota decedent, in any South Dakota county where the decedent had property (SDCL 29A-3-201).
The jurisdiction process
- Start with the assets, debts, will, death certificate, heirs, and devisees. If the decedent was domiciled in Marshall County, venue is in Marshall County; if the decedent was not domiciled in South Dakota, venue can be in a South Dakota county where the decedent had property (SDCL 29A-3-201).
- Choose the correct request. An informal matter uses an application to the clerk of court; a formal matter uses a petition to the court after notice (SDCL 29A-1-201; SDCL ch. 29A-3).
- Prepare the application or petition, the will if there is one, the death certificate, proposed appointment papers, acceptance, and any bond information the court requires. A bond is not required unless the court concludes one is in the estate's best interests (SDCL 29A-3-603).
- File with the Marshall County clerk of courts at 911 Vander Horck in Britton during the listed Monday through Thursday hours, or use Odyssey electronic filing if you are represented. Self-represented parties may file electronically, but are not required to file electronically (SDCL 15-6-5(e)).
- Pay the $122.00 opening cost, effective July 1, 2026, made up of $75.00 under SDCL 16-2-29, $40.00 under SDCL 16-2-39, and $7.00 under SDCL 14-6-1. If you cannot afford the cost, ask about the motion to waive the filing fee and service costs under SDCL 16-2-29.2.
- If the filing is informal, the clerk of court reviews the application after at least one hundred twenty hours have passed since death and may issue a written statement of informal probate or appoint the personal representative if the statutory findings are met (SDCL 29A-3-302, 29A-3-303, 29A-3-307). If the filing is formal, the clerk will tell you how hearing dates are assigned.
- Ask the clerk how to request any telephone or video handling. The assigned circuit judge decides whether any part of the case can be handled that way.
- After appointment and qualification, the personal representative receives letters testamentary when there is a will or letters of administration when there is not; estate administration begins with issuance of letters (SDCL 29A-3-103).
- Administer the estate by collecting assets, giving required information to heirs and devisees, giving written creditor notice to known or reasonably ascertainable creditors, using optional publication if appropriate, preparing the inventory and appraisement within the statutory timing, and paying valid claims before distribution (SDCL 29A-3-705; SDCL 29A-3-801; SDCL 29A-3-803; SDCL 29A-3-706).
- Close the estate settlement by filing a closing statement after the required waiting period or by seeking an order of complete settlement when court approval is needed (SDCL 29A-3-1003; SDCL 29A-3-1001).
Forms and documents
Probate forms in Marshall County
The South Dakota Unified Judicial System publishes form sets and guided interviews for self-represented filers in divorce, custody, name change, guardianship, eviction, small claims and protection-order matters. It does not publish a statewide probate form set, so the application, the will and the supporting papers are prepared by the filer or by a lawyer and brought to the clerk of courts.
| Form issue | What to do in Marshall County |
|---|---|
| Opening papers | Prepare an informal application or formal petition using South Dakota Uniform Probate Code terminology and file it with the clerk of courts in Britton (SDCL 29A-1-101; SDCL ch. 29A-3). |
| County packet or cover sheet | The Marshall County UJS page does not list a county probate packet or cover sheet. Call the clerk before filing if you expect a local cover sheet. |
| Creditor statement of claim | South Dakota law includes a statement-of-claim form in SDCL ch. 29A-3, Appendix A, tied to creditor claims under SDCL 29A-3-804. |
| Fee waiver | If you cannot afford filing costs, ask for the civil motion to waive the filing fee and service costs under SDCL 16-2-29.2. |
Local nuance
Marshall County-specific considerations
| Local point | Why it matters |
|---|---|
| Limited clerk hours | The clerk's counter is listed as open 8:00 a.m. to 11:30 a.m. and noon to 4:30 p.m., Monday through Thursday. Plan filings around the midday closure and the absence of Friday hours. |
| No separate clerk mailing line listed | The clerk block lists 911 Vander Horck, Britton, SD 57430, and does not list a separate clerk mailing address. Call 605-448-5213 before mailing original documents or time-sensitive papers. |
| Court Services address is different | The Court Services office listed for this area is in Aberdeen and is not where Marshall County estate papers are filed. |
Recent updates
Scenarios
| Persona | Likely Marshall County path | Where Sunset helps |
|---|---|---|
| Surviving spouse w/ co-owned home | Confirm title to the home and whether the estate needs letters from the Marshall County clerk of courts. If a court appointment is needed, the personal representative uses an application or petition under SDCL ch. 29A-3. | Sunset helps identify accounts, organize the will and asset list, and prepare questions for the clerk or a local attorney. |
| Out-of-state adult child w/ small estate | Start by checking whether the personal-property affidavit conditions in SDCL 29A-3-1201 fit, including the required waiting period, no pending or granted personal representative appointment, and the Department of Social Services medical assistance condition under SDCL ch. 29A-3. If court authority is needed, file in Marshall County if venue belongs there. | Sunset helps find assets, separate affidavit issues from court-appointment issues, and assemble an estate settlement checklist before travel. |
| Parent settling predeceased child's estate, home must be sold | A sale often requires clear authority to act for the estate. Ask whether an informal application can supply letters or whether a formal petition is needed under SDCL ch. 29A-3. | Sunset helps gather account information, build the probate packet, and connect the family with a South Dakota probate attorney when the home sale needs legal guidance. |
Self-help resources
| Resource | How it helps | Contact |
|---|---|---|
| Marshall County clerk of courts | Accepts Marshall County estate filings, answers procedural questions, and can explain current counter logistics. Court staff cannot give legal advice or choose words for your papers. | 911 Vander Horck, Britton, SD 57430; 605-448-5213 |
| South Dakota Unified Judicial System self-represented resources | Publishes general civil self-help information and explains what court staff can and cannot do. It does not publish a statewide probate form set. | ujs.sd.gov |
| UJS fee waiver information | Explains the motion to waive the filing fee and service costs for people who cannot afford court costs (SDCL 16-2-29.2). | ujs.sd.gov/self-help/civil-law-help/fee-waivers/ |
| SD Law Help | Online intake for nonprofit civil legal help in South Dakota and local Tribal Nations. Intake does not mean a lawyer will take the estate case. | sdlawhelp.org |
| East River Legal Services | Marshall County is on East River Legal Services' county list. Contact the program through its stated intake channels to ask whether help is available for your issue. | 335 North Main Avenue, Suite 200, Sioux Falls, SD 57104; 1-800-952-3015 |
| State Bar of South Dakota Lawyer Referral Service | Helps families look for a South Dakota lawyer for probate and estate settlement questions. | findalawyerinsd.com; 800-952-2333 |
| South Dakota Free Legal Answers | Online civil legal questions service linked by the Unified Judicial System. | sd.freelegalanswers.org |
| UJS Legal Form Help Line | Answers questions about UJS forms but cannot provide legal advice. | 1-855-784-0004 |
When to hire an attorney
Consider a probate attorney if the will is contested, heirs disagree, land must be sold, creditor claims are unclear, the family needs formal probate, or the personal representative is unsure how to complete notice, inventory, distribution, and closing duties under SDCL ch. 29A-3. Sunset connects to a vetted attorney.
How Sunset helps
Find the accounts and assets. Sunset searches across more than 2,300 financial institutions and helps families build a clearer picture of what belongs in the estate settlement.
Generate the probate packet. Sunset turns the asset list, family details, and court path into an organized packet you can review before filing with the Marshall County clerk of courts or sending to an attorney.
Find a local probate attorney. When a home sale, creditor issue, formal petition, or family dispute makes legal help important, Sunset can connect you with a South Dakota probate attorney.
Sunset is free for families. Sunset helps families move from uncertainty to a practical estate settlement plan without charging families for its core support.
Frequently asked questions
Where do I file probate in Marshall County?
File Marshall County estate papers with the clerk of courts at the Marshall County Courthouse, 911 Vander Horck, Britton, SD 57430. Venue is based on the decedent's domicile at death, or, for a non-South Dakota decedent, a South Dakota county where the decedent had property (SDCL 29A-3-201).
What are the clerk's hours in Marshall County?
The clerk's office is listed as open 8:00 a.m. to 11:30 a.m. and noon to 4:30 p.m., Monday through Thursday. No Friday hours are listed, so call 605-448-5213 before making a special trip.
Can I e-file a Marshall County probate case?
Attorneys file through the Odyssey electronic filing system. Self-represented parties may file electronically, but are not required to file electronically (SDCL 15-6-5(e)). If an original will is involved, ask the clerk how to lodge it.
How much does it cost to open probate in Marshall County?
The opening cost is $122.00, effective July 1, 2026. It consists of $75.00 for probate of an estate under SDCL 16-2-29, a $40.00 court automation surcharge under SDCL 16-2-39, and a $7.00 law library fee under SDCL 14-6-1.
Are there Marshall County probate forms online?
The Marshall County UJS page does not list a local probate packet or cover sheet. The Unified Judicial System does not publish a statewide probate form set, so the application, will, and supporting papers are prepared by the filer or by a lawyer.
Will there be a hearing in Marshall County?
An informal application is handled by the clerk of court under SDCL 29A-1-201 and SDCL 29A-3-302 when the statutory findings are met. A formal petition is heard by a judge after notice under SDCL ch. 29A-3. No Marshall County hearing days are listed, so ask the clerk how scheduling works for your filing.
Can I appear by phone or video?
The assigned circuit judge decides whether any part of a case can be handled by telephone or video. The clerk of courts can tell you how to ask.
Can I look up a Marshall County probate case online?
eCourts at ecourts.sd.gov provides docket summaries for public cases after free registration. Access to court records is governed by SDCL ch. 15-15A. Public online access does not include document viewing; public access terminals are available at courthouses under SDCL 16-21-8.
Do I have to travel outside Marshall County for probate?
Marshall County filings go to the clerk of courts in Britton. State law directs the presiding judge to arrange for a circuit judge to be available to hold court in the county seat of each county in the circuit as necessary, but the assigned court controls the actual hearing location and schedule (SDCL 16-2-21).
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.