Overview
Franklin County is located in Idaho with a population of approximately 15,000. The Franklin County Magistrate Court handles all probate and estate matters for decedents who were domiciled in the county at the time of death.
Idaho probate is governed by Title 15 of the Idaho Statutes (Uniform Probate Code). The process begins with filing an Application for Informal Probate and Appointment of Personal Representative (Form CAO Pb 01) to admit the will and appoint a personal representative. The court then issues Letters Testamentary for testate estates or Letters of Administration for intestate estates.
Idaho offers a Small Estate Affidavit procedure for estates consisting solely of personal property valued at $100,000 or less (Idaho Code § 15-3-1201). There is also a summary administration procedure available when a surviving spouse is the sole beneficiary.
Idaho does not have a statutory fee schedule for attorneys or personal representatives; fees must be reasonable based on the services performed.
This guide provides an informational overview of the Franklin County probate process. It is not legal advice and is not a substitute for consulting a qualified attorney. Laws and local procedures may change — verify current requirements with the court.
Courthouse Information
Franklin County Magistrate Court
Probate matters in Franklin County are handled at the Franklin County Courthouse.
Address: 39 W. Oneida St, Preston, ID 83263
Phone: (208) 852-1090 (Magistrate Division)
Hours: Monday through Friday, 9:00 AM to 5:00 PM
The court is located in the historic Art Deco courthouse in downtown Preston. The Magistrate Division handles probate filings.
Parking and Access
Free street parking is generally available around the courthouse square. The building is accessible to the public during business hours.
Filing Process
Step 1: Determine If Probate Is Necessary
Before filing, assess whether formal probate is required:
- Small Estate Affidavit: If the estate consists only of personal property valued at $100,000 or less, you may be able to use an affidavit to collect assets without court administration.
- Summary Administration: A simplified process available when the surviving spouse is the sole beneficiary.
- Trust administration: Assets held in a living trust generally do not require probate.
Step 2: File the Petition
If formal probate is needed, file an Application for Informal Probate (Form CAO Pb 01) with the Franklin County Magistrate Court. Include:
- Application for Informal Probate and Appointment of Personal Representative
- Original Last Will and Testament (if applicable)
- Certified copy of the Death Certificate
- $166.00 filing fee
- Renunciations or Nominations from other heirs (if applicable)
Idaho courts utilize the iCourt system for e-filing, which is mandatory for attorneys and optional for self-represented litigants in some counties.
Step 3: Provide Notice
After filing, you must:
- Mail notice of the appointment to all heirs, beneficiaries, and interested parties within 30 days of appointment.
- Publish notice in a newspaper of general circulation in Franklin County for three successive weeks to notify creditors.
Step 4: Attend the Hearing
For informal probate, a hearing is typically not required if all paperwork is in order. If formal probate is requested, the court will schedule a hearing, typically 2 to 4 weeks after filing. At the hearing, the judge reviews the petition and, if approved, issues Letters Testamentary or Letters of Administration.
Step 5: Administer the Estate
After receiving Letters, the personal representative must:
- Publish notice to creditors once a week for three successive weeks. Creditors have 4 months from the date of first publication to file claims.
- Inventory and appraise all estate assets within 3 months of appointment.
- Pay valid creditor claims.
- File federal and state tax returns as needed.
- Distribute assets to beneficiaries.
- File a final accounting and petition for discharge or closing statement.
Local Requirements
Franklin County-Specific Procedures
- iCourt E-Filing: Franklin County participates in the statewide iCourt system. Filings can be done electronically.
- Mediation: Contested matters may be referred to mediation per Idaho court rules.
- Local Rules: Follows Idaho Rules of Civil Procedure and 6th Judicial District rules.
- Publication: Notice must be published in a newspaper of general circulation in Franklin County for three successive weeks.
Always check with the court clerk for the most current local forms and procedural requirements.
Timeline & Fees
Filing Fees (Franklin County)
- Opening a New Probate Case: approximately $166.00
- Motion or Petition (post-filing): approximately $25.00
- Certified copies of Letters: approximately $10.00 per certified copy (plus page fees)
- Publication costs: approximately $100-$200 depending on the newspaper
- Recording fees: $15.00 for the first page
Idaho does not set statutory attorney fees; they must be reasonable based on services performed.
Payment Methods
The court accepts cash, checks, money orders, and credit cards (with a processing fee).
Estimated Timelines
- Simple estates (no disputes, limited assets): 6-9 months
- Average estates: 9-12 months
- Complex or contested estates: 12 months to 2 years
The creditor claim period in Idaho is 4 months from the date of the first publication of notice, which sets a minimum timeline for closing the estate.
Local Resources
Franklin County Court Resources
- Court Website: franklincountyidaho.org
- Probate Self-Help: Idaho Court Self-Help Center
- Idaho Probate Forms: Idaho Guide and File
Legal Aid and Attorney Referrals
- Idaho State Bar: (208) 334-4500 — Lawyer Referral Service
- Idaho Legal Aid Services: (208) 746-7541 — Low-income legal assistance
- State Bar Lawyer Referral: isb.idaho.gov
Publication
- The Preston Citizen: (208) 852-0155 — General circulation newspaper
- Idaho State Journal: (208) 232-4161 — Regional newspaper