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Walworth County, SD Probate Information
Quick facts
| Item | Walworth County information |
|---|---|
| Court | Circuit court in Walworth County, Fifth Judicial Circuit |
| Clerk of courts | Walworth County Clerk of Court |
| Courthouse address | 4304 4th Avenue, Selby, SD 57472-0328 |
| Mailing address | PO Box 328, Selby, SD 57472-0328 |
| Phone | 605-649-7311 |
| Fax | 605-649-7624 |
| [email protected] | |
| Hours | 8:00 a.m. to noon and 1:00 p.m. to 5:00 p.m., Monday, Wednesday and Friday; 1:00 p.m. to 5:00 p.m., Tuesday and Thursday. The page names no time zone. |
| Filing fee | Effective July 1, 2026, $122.00 total for an estate filing: $75.00 estate fee under SDCL 16-2-29, $40.00 court automation surcharge under SDCL 16-2-39, and $7.00 law library fee under SDCL 14-6-1. |
| Local forms | No Walworth County probate packet is published on the county UJS page. Ask the clerk whether any local cover page is used before filing. |
| E-filing status | Under SDCL 15-6-5(e), pleadings and other papers are filed through the Odyssey electronic filing system unless exempted by rule or court order. Self-represented parties may file electronically, but are not required to file electronically. |
| Case lookup | eCourts, https://ecourts.sd.gov, provides public docket summaries after free registration. Public document viewing is handled at courthouse public access terminals under SDCL 16-21-8. |
| Telephone or video handling | Set by the assigned circuit judge. Call the clerk of courts to ask how to make the request. |
| Website | https://ujs.sd.gov/court-finder/fifth-judicial-circuit/walworth-county/ |
Before you begin — know the assets and liabilities
Before you file in Walworth County, list the decedent's accounts, real estate, vehicles, debts, family members and any will. Estate settlement depends on what must be transferred and who has authority to sign.
Sunset can help build that starting picture by searching for accounts and assets across more than 2,300 institutions, then organizing what the clerk of courts or a lawyer will need for the Walworth County filing.
Which court handles jurisdiction
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 Walworth 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).
Probate for Walworth County is filed with the clerk of courts at the county courthouse in Selby. Walworth 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 own courthouse (SDCL 16-5-1.2; SDCL 29A-3-201).
Venue for the first informal or formal testacy or appointment proceeding is the county where the decedent was domiciled at death, or, for a decedent not domiciled in South Dakota, any county where the decedent's property was located at death (SDCL 29A-3-201).
The jurisdiction process
- Confirm Walworth County venue. Use the decedent's domicile at death, or South Dakota property location for a nonresident decedent, before you prepare the filing (SDCL 29A-3-201).
- Choose the correct paper. Informal probate or informal appointment uses an application to the clerk of court; formal probate uses a petition to the circuit court after notice under SDCL ch. 29A-3.
- Prepare the application or petition, the will if there is one, death information, proposed personal representative information and any supporting papers. If an original will exists, ask the clerk of courts how it should be lodged because the application must state where the original will is.
- File with the Walworth County Clerk of Court at 4304 4th Avenue in Selby or through the Odyssey electronic filing system as SDCL 15-6-5(e) applies. Self-represented parties may file electronically, but are not required to file electronically.
- Pay the estate filing fee. Effective July 1, 2026, the total is $122.00: $75.00 under SDCL 16-2-29, $40.00 under SDCL 16-2-39, and $7.00 under SDCL 14-6-1.
- For an informal application, the clerk of court may act after one hundred twenty hours have passed since death, makes the required findings, and issues the written statement of informal probate or appoints the personal representative under SDCL 29A-3-302, 29A-3-303 and 29A-3-307.
- If a hearing is needed in a formal matter under SDCL ch. 29A-3, ask the clerk how the assigned circuit judge schedules it and how to request any telephone or video handling.
- After appointment and qualification, letters testamentary or letters of administration begin the administration of the estate (SDCL 29A-3-103). A bond is not required unless the court concludes one is in the estate's best interests (SDCL 29A-3-603).
- Administer the estate. The personal representative gives required information to heirs and devisees, handles creditor notices under SDCL 29A-3-801, prepares the inventory and appraisement under SDCL 29A-3-706, pays valid claims and distributes property.
- Close the estate by the appropriate South Dakota closing procedure, such as a closing statement when available under SDCL 29A-3-1003 or an order of complete settlement when requested under SDCL 29A-3-1001.
Forms and documents
Probate forms in Walworth 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.
Walworth County's UJS page does not publish a local probate packet. Before you go to Selby, call the clerk of courts to ask whether the office wants any local cover page, copies or proposed letters with the filing.
Two statewide items may still matter. A creditor's statement of claim form is prescribed in SDCL ch. 29A-3, Appendix A, and fee-waiver papers are available for people asking to waive the filing fee under SDCL 16-2-29.2.
Local nuance
Walworth County-specific considerations
| Local point | What to do |
|---|---|
| Split weekly hours | The clerk of courts is open 8:00 a.m. to noon and 1:00 p.m. to 5:00 p.m. on Monday, Wednesday and Friday, and 1:00 p.m. to 5:00 p.m. on Tuesday and Thursday. Plan filings around the noon closure and the Tuesday and Thursday morning closure. |
| Separate court services office | Court Services has its own Walworth County contact information and is not the probate filing office. Estate filings go to the clerk of courts. |
| No time zone printed | The Walworth County UJS page does not name a time zone. Call the clerk before traveling if timing is tight. |
Recent updates
Scenarios
| Scenario | Likely Walworth County path | Where Sunset helps |
|---|---|---|
| Surviving spouse w/ co-owned home | Confirm how title is held before opening a case. If a personal representative is needed, file the application or petition with the Walworth County Clerk of Court in Selby under SDCL 29A-3-201. | Sunset organizes deeds, account clues, beneficiary information and debts so the spouse can see whether court authority is needed. |
| Out-of-state adult child w/ small estate | Check whether a personal-property affidavit under SDCL 29A-3-1201 fits before opening a Walworth County case. If court authority is needed, ask the clerk how to file and whether the assigned judge allows any telephone or video handling for hearings. | Sunset helps identify accounts, prepare a filing checklist and connect the child with a South Dakota attorney when local filing help is needed. |
| Parent settling predeceased child's estate, home must be sold | A sale usually requires clear authority to sign. Prepare for a Walworth County appointment of a personal representative and issuance of letters testamentary or letters of administration under SDCL 29A-3-103. | Sunset helps gather mortgage, tax, account and creditor information so the personal representative and attorney can move the sale process forward. |
Self-help resources
| Resource | How it helps | Contact |
|---|---|---|
| Walworth County Clerk of Court | Accepts Walworth County probate filings, provides case information from the file and can tell you local filing logistics. Court staff cannot provide legal advice or choose words for your papers. | 4304 4th Avenue, Selby, SD 57472-0328; 605-649-7311; [email protected] |
| SD Law Help | Online intake that routes civil legal-help applications to the appropriate program. Do not assume a decedent's estate matter will be accepted without applying. | https://sdlawhelp.org |
| State Bar of South Dakota Lawyer Referral Service | Helps families find a South Dakota lawyer for probate questions, land transfers, creditor issues or contested filings. | https://findalawyerinsd.com; 800-952-2333 |
| South Dakota Free Legal Answers | Online civil legal-questions service linked by the Unified Judicial System. | https://sd.freelegalanswers.org |
| UJS Legal Form Help Line | Answers questions about UJS forms. Because the UJS does not publish a statewide probate form set, use it as a general forms resource rather than as a probate drafting service. | 1-855-784-0004 |
When to hire an attorney
A lawyer is especially helpful if the will is disputed, family members disagree about who should serve, a home or farm interest must be sold, creditors are active, the decedent lived outside South Dakota, or you are unsure whether an affidavit route fits. South Dakota allows self-represented filings, but court staff cannot give legal advice or draft the application or petition for you. Sunset connects to a vetted attorney
How Sunset helps
Find the accounts and assets. Sunset searches across more than 2,300 institutions to help families identify bank accounts, investments, insurance, retirement accounts and other assets that may affect estate settlement.
Generate the probate packet. Sunset turns the family and asset information into an organized probate packet so you can review what is ready, what is missing and what should be checked with the Walworth County Clerk of Court or a lawyer.
Find a local probate attorney. When the estate needs legal judgment, Sunset helps connect the family with a vetted attorney who can advise on South Dakota procedure and Walworth County filing logistics.
Sunset is free for families. Families can use Sunset to organize estate settlement, understand next steps and decide when attorney help is needed without paying Sunset.
Frequently asked questions
Where do I file probate for Walworth County?
File with the Walworth County Clerk of Court at 4304 4th Avenue in Selby. Venue is based on the decedent's domicile at death, or South Dakota property location for a nonresident decedent (SDCL 29A-3-201).
What are the Walworth County clerk hours?
The clerk of courts is open 8:00 a.m. to noon and 1:00 p.m. to 5:00 p.m. on Monday, Wednesday and Friday, and 1:00 p.m. to 5:00 p.m. on Tuesday and Thursday. The office closes from noon to 1:00 p.m. and has no morning hours on Tuesday and Thursday.
Can I e-file a Walworth County probate case?
Under SDCL 15-6-5(e), pleadings and other papers are filed through the Odyssey electronic filing system unless exempted by rule or court order. Self-represented parties may file electronically, but are not required to file electronically, so a self-represented filer can ask the clerk about counter filing.
How much does it cost to open an estate in Walworth County?
Effective July 1, 2026, the estate filing fee is $122.00 total: $75.00 under SDCL 16-2-29, $40.00 under SDCL 16-2-39, and $7.00 under SDCL 14-6-1.
Are there Walworth County probate forms online?
Walworth County's UJS page does not publish a local probate packet. The Unified Judicial System does not publish a statewide probate form set, so ask the clerk what local filing items are expected before you submit papers.
Will I have to travel to Selby for a hearing?
Informal probate under SDCL ch. 29A-3 is handled by the clerk of court without advance notice to interested persons, so that route does not begin with a judge hearing. If a formal matter needs a hearing, telephone or video handling is set by the assigned circuit judge, and the clerk can explain how to ask.
Can I look up a Walworth County probate case online?
Use eCourts at https://ecourts.sd.gov for public docket summaries after free registration. The public tier does not provide online document viewing; public document access is available through courthouse public access terminals under SDCL 16-21-8.
Does the clerk of courts prepare the probate application for me?
No. The clerk's office can give general procedure information and review papers for basic completeness, but court staff cannot provide legal advice or tell you what words to use. If you need drafting help, use an attorney.
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.