Bennett County, South Dakota Court Filing
Fee Lookup

Court filing fees in Bennett County, South Dakota are collected by the Bennett County Probate Court in Martin according to South Dakota's statutory fee schedule, plus any local surcharges authorized by county ordinance. South Dakota's court structure — Circuit Court (civil/family/probate) / Magistrate Court (small claims/limited civil) — determines which courthouse accepts which case types and what fees apply.

The Bennett County Probate Court operates as a smaller court handling civil matters alongside other case types. Confirming the current fee schedule with the clerk's office is recommended, as fees can change when new state legislation takes effect or when the county updates its local surcharge schedule.

For the full South Dakota court filing fee schedule, see our South Dakota Court Filing Fees.

The Bennett County Circuit Court is located at PO Box 281, Martin SD 57551. The court clerk can be reached at (605) 685-6969.

Visit the court's website for current forms, fee schedules, and filing instructions.

Office hours: Mon–Fri 8:00 AM–5:00 PM.

• Filing fees in Bennett County are based on South Dakota's statutory schedule, which applies statewide, plus any local surcharges assessed by the county. For reference, the statewide base fees by case type are: probate and estate filings — $35–$82 (Circuit Court — Probate)
• civil complaints and appearances — $70–$110 (Circuit Court) / $10–$20 (Magistrate Court)
• family law matters (divorce, custody, support) — $70–$110 (Circuit Court — Family Law)
• small claims filings — $10–$20 (Magistrate Court small claims). These figures represent the state-level base
• the total amount due at the Bennett County Probate Court in Martin may include additional local charges.

As a smaller jurisdiction, Bennett County typically operates with modest local surcharges, though the base state filing fees apply uniformly.

• Beyond the initial filing fee, Bennett County litigants and estate administrators should budget for recurring court costs throughout the proceeding: fees for filing subsequent motions and responses, charges for certified copies of letters testamentary or court orders (typically $5 to $25 per document in South Dakota), jury demand deposits in civil cases, and in probate matters, fees associated with filing the inventory, accountings, and petition for discharge.
• For a complete picture of expected court costs in Bennett County, request the full fee schedule from the Bennett County Probate Court clerk in Martin before initiating the proceeding.

South Dakota is expanding e-filing across its court system. The Bennett County Probate Court in Martin may still accept or require paper filings for some case types.

Contact the clerk directly to confirm requirements for your case type and whether a convenience fee (typically $2–$8 per transaction) applies. For full statewide e-filing details, see our South Dakota Court Filing Fees.

• Bennett County residents who cannot afford court filing fees may apply for a fee waiver under S.D.
• Codified Laws § 15-2-30.
• To apply, file a declaration of financial condition with the Bennett County Probate Court clerk's office in Martin at the time of your initial filing.
• The declaration lists all household income sources, monthly expenses, assets, and liabilities.
• A judge or court commissioner reviews the application and issues an order granting or denying the waiver, typically within a few days of submission.

• Eligibility for a fee waiver in Bennett County generally requires that household income fall at or below 125% to 200% of the federal poverty level, or that the applicant is receiving qualifying public benefits — commonly Medicaid, SNAP, SSI, or public housing assistance.
• The specific income thresholds and qualifying programs are defined in S.D.
• Codified Laws § 15-2-30 and may have been updated by recent legislation.
• Ask the Bennett County Probate Court clerk in Martin for the current income guidelines before completing your declaration.

• A granted fee waiver covers filing fees charged by the Bennett County Probate Court — including initial filing fees and subsequent filings in the same case — but does not cover costs owed to third parties.
• In Bennett County probate proceedings, a fee waiver does not eliminate the cost of publishing a notice to creditors in a newspaper of general circulation (a statutory requirement in most states), service of process fees paid to process servers or the sheriff's office, or costs for court-ordered appraisals.
• Budget for these additional costs separately even when a fee waiver is in effect.