Overview
Twin Falls County is located in Idaho with a population of approximately 96,509. The Twin Falls 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 the Uniform Probate Code (Title 15 of the Idaho Statutes). The process begins with filing a Petition for Probate (Application for Informal Probate) 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 simplified procedure for small estates called the Affidavit Collecting Personal Property of Decedent. This can be used if the fair market value of the entire estate (less liens and encumbrances) does not exceed $100,000 and no application for appointment of a personal representative is pending or has been granted.
Idaho does not have a statutory fee schedule for attorneys or executors; fees are typically "reasonable" based on the services provided.
This guide provides an informational overview of the Twin Falls 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
Twin Falls County Courthouse
Probate matters in Twin Falls County are handled at the Theron Ward Judicial Building.
Address: 427 Shoshone Street N., Twin Falls, ID 83301
Phone: (208) 736-4025 (Magistrate Court)
Hours: Monday through Friday, 8:00 AM to 5:00 PM
The Magistrate Court division handles probate filings. The Clerk's office is located on the second floor.
Parking and Access
Public parking is available in the lot adjacent to the courthouse and along surrounding streets. Visitors must pass through security screening upon entering the building.
Filing Process
Step 1: Determine If Probate Is Necessary
Before filing, assess whether formal probate is required:
- Small Estate Affidavit: If the estate consists of personal property valued at $100,000 or less, you may be able to use an affidavit 30 days after death.
- Survivorship: Assets held in joint tenancy with right of survivorship pass directly to the survivor.
- Trust administration: Assets held in a living trust generally do not require probate.
Step 2: File the Petition
If formal probate is needed, file a Petition for Probate with the Twin Falls County Magistrate Court. Include:
- Application for Informal Probate of Will and/or Appointment of Personal Representative
- Original will and codicils (if any)
- Certified death certificate
- Filing fee ($166.00)
- Renunciations/Nominations from other heirs (if applicable)
Idaho courts utilize the iCourt system for case management. Check with the clerk regarding mandatory e-filing requirements for attorneys.
Step 3: Provide Notice
After filing, you must:
- Mail notice of the hearing (or appointment) to all heirs, beneficiaries, and interested parties within 30 days of appointment.
- Publish notice to creditors in a newspaper of general circulation in Twin Falls County (such as the Times-News) once a week for three successive weeks.
Step 4: Attend the Hearing
For informal probate, a hearing may not be required if the registrar approves the application. For formal probate, the court will schedule a hearing. Upon approval, the court issues Letters Testamentary or Letters of Administration.
Step 5: Administer the Estate
After receiving Letters, the personal representative must:
- Notify creditors (creditors have 4 months from publication to file claims)
- Inventory and appraise all estate assets within 3 months of appointment
- Pay valid creditor claims and estate expenses
- File federal and state tax returns as needed
- Distribute assets to beneficiaries
- File a Closing Statement to close the estate
Local Requirements
Twin Falls County-Specific Procedures
- E-filing: Idaho has implemented the iCourt system statewide. Attorneys are generally required to e-file. Self-represented litigants may file in person.
- Local Forms: The county typically accepts the standard Idaho Court Assistance Office forms.
- Publication: Notice must be published in a newspaper of general circulation in Twin Falls County, such as the Times-News, for three successive weeks.
Always check with the Court Clerk for the most current local rules and requirements.
Timeline & Fees
Filing Fees (Twin Falls County)
- Petition for Probate: approximately $166.00
- Small Estate Affidavit: No court fee if not filed; ~$25.00 if filed
- Certified copies of Letters: approximately $1.00 per page + certification fee
- Publication costs: approximately $100-$200 depending on the newspaper
Payment Methods
The court accepts cash, checks, money orders, and credit/debit cards (convenience fees may apply).
Estimated Timelines
- Simple estates (informal, no disputes): 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 first publication of notice. The estate generally cannot be closed until this period expires.
Local Resources
Twin Falls County Court Resources
- Court Website: twinfallscounty.org
- Probate Self-Help: courtselfhelp.idaho.gov
- Idaho Probate Forms: courtselfhelp.idaho.gov/Forms
Legal Aid and Attorney Referrals
- Idaho State Bar: (208) 334-4500 — Licensing and regulation
- Idaho Legal Aid Services: (208) 746-7541 — Statewide legal assistance
- Idaho State Bar Lawyer Referral: isb.idaho.gov
Publication
- Times-News: (208) 733-0931 — Newspaper of general circulation in Twin Falls