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Franklin County, ID Probate Information
Quick facts
| Item | Details |
|---|---|
| Court | The magistrate division of the district court at the Franklin County Courthouse (Idaho Const. art. V, § 20; Idaho Code § 1-2201, § 1-2208) |
| Courthouse address | Franklin County Courthouse, 39 West Oneida, Room 2, Preston, ID 83263 |
| Mailing address | Same as street address: 39 West Oneida, Room 2, Preston, ID 83263 |
| Phone | Main courthouse number: (208) 852-1090. Franklin County's District and Magistrate Court line: (208) 852-0877. |
| Fax | (208) 852-2926. Call before sending anything by fax. |
| Hours | 9:00 a.m. to 5:00 p.m., Monday through Friday. No filing cutoff or midday closure is published for probate filings. |
| Filing fee | $166.00 to open a probate in the magistrate division, effective under the Idaho Supreme Court Appendix A fee schedule dated July 12, 2024. The total includes the $120 magistrate division filing fee, a $26 judges' retirement fund fee, a $10 Idaho Code fund fee and a $10 civil administrative surcharge (Idaho Code § 31-3201A, § 1-2003, § 73-213, § 31-3201). |
| Local forms | Franklin County does not publish a county probate packet on its District and Magistrate Court page or Court Assistance Office page for Franklin County. See the forms section below for the Idaho Court Assistance Office context at courtselfhelp.idaho.gov. |
| E-filing status | Attorneys must use electronic filing. A self-represented personal representative may use iCourt File and Serve or may file on paper with the clerk of the district court, but choosing electronic filing commits the filer to that method for the life of the case unless the court allows withdrawal (Idaho Rules for Electronic Filing and Service Rule 4). The electronic system vendor states that, as of December 15, 2023, it charges a $5.00 electronic filing fee. |
| Case search | iCourt Portal at https://mycourts.idaho.gov/odysseyportal/. Access to court records is governed by Idaho Court Administrative Rule 32. |
| Remote appearance | The court may allow hearings by telephone or video teleconference under Idaho R. Civ. P. 7.2. No Franklin County probate calendar or local Zoom practice is published. |
| Website | https://www.franklincountyidaho.org/county_justice/district_and_magistrate_court.php |
Before you begin — know the assets and liabilities
Before you file in Franklin County, make a practical list of the decedent's assets, debts, addresses, beneficiaries and possible creditors. Venue turns on the decedent's domicile, or, for a non-Idaho decedent, on Idaho property location, so the first estate settlement question is whether Franklin County is the right county to start the case (Idaho Code § 15-3-201).
Sunset can help identify accounts and assets across more than 2,300 financial institutions before you decide whether Franklin County probate is needed. That asset picture helps you determine whether an informal application, a formal petition, a collection of personal property by affidavit under Idaho Code § 15-3-1201, or legal advice is the next step.
Which court handles jurisdiction
Idaho has no separate court for decedents' estates: probate is a case class assigned to the magistrate division of the district court, which sits in every one of Idaho's 44 counties, and a magistrate judge hears it (Idaho Const. art. V, § 20; Idaho Code § 1-2201, § 1-2208). The papers are filed with the clerk of the district court at the Franklin County Courthouse.
Franklin County probate is filed in Preston. Franklin County is one of six counties in Idaho's Sixth Judicial District, with Power, Bannock, Caribou, Bear Lake, Franklin and Oneida Counties listed in Idaho Code § 1-807. The district organizes judges and local rules, but it does not move a Franklin County filing counter to another county.
For the first informal or formal testacy or appointment proceeding, Idaho venue is the county where the decedent had domicile at death. If the decedent was not domiciled in Idaho, venue is any Idaho county where the decedent's property was located at death (Idaho Code § 15-3-201).
The jurisdiction process
- Confirm that Franklin County is the right venue based on the decedent's domicile or Idaho property location (Idaho Code § 15-3-201), then collect the will, death certificate, asset list, debt list and interested-person contact information.
- Choose the opening path. Use an application for informal probate under Idaho Code § 15-3-301 and § 15-3-302 when the matter can proceed informally. Use a petition for formal probate under Idaho Code § 15-3-401 through § 15-3-414 when a judge proceeding with notice is needed.
- Prepare the Franklin County filing packet. Idaho's registrar, meaning a magistrate judge or district judge, not the clerk, acts on informal probate matters (Idaho Code § 15-1-307, § 15-3-302, § 15-3-307). If there is a will and the case is e-filed, the original will and the pleading it is attached to must also be filed conventionally within seven business days under I.R.E.F.S. Rule 5(a).
- File with the clerk of the district court at the Franklin County Courthouse, 39 West Oneida, Room 2, Preston, ID 83263. Attorneys must file electronically; self-represented parties may use iCourt File and Serve or paper filing under the Idaho Rules for Electronic Filing and Service Rule 4.
- Pay the $166.00 opening filing fee, effective under the Idaho Supreme Court Appendix A fee schedule dated July 12, 2024, unless the clerk instructs otherwise. The amount is tied to Idaho Code § 31-3201A, § 1-2003, § 73-213 and § 31-3201.
- Address notice and hearing requirements for the filing path you chose. Formal proceedings are conducted before a judge with notice to interested persons, and Idaho has a formal testacy route for uncontested cases (Idaho Code § 15-1-201(20), § 15-3-405). Ask the Franklin County clerk how hearings are scheduled.
- For remote participation, ask before the hearing. Idaho R. Civ. P. 7.2 lets the court hold certain hearings by telephone or video teleconference, and the decision belongs to the court. In a summary administration where a surviving spouse is the sole beneficiary, the petitioner may move to appear telephonically or submit affidavits instead, while accepting the debt-liability rule in Idaho Code § 15-3-1205.
- After appointment, obtain the correct letters. Idaho uses letters testamentary when there is a will and letters of administration when there is no will (Idaho Code § 15-1-201, § 15-3-103).
- Administer the estate. Idaho lets the personal representative publish notice to creditors once a week for three successive weeks to start a four-month claims bar, with a 60-day mailed-notice tail for creditors who receive written notice (Idaho Code § 15-3-801). Within three months after appointment, prepare an inventory, send it to interested persons who request it, and file it only if appropriate (Idaho Code § 15-3-706).
- Close the estate using the procedure that fits the case. If summary administration under Idaho Code § 15-3-1203 applies after appointment, the personal representative uses a closing statement under Idaho Code § 15-3-1204. Otherwise, follow the closing path ordered or allowed in the Franklin County case.
Forms and documents
Probate forms in Franklin County
Idaho's Court Assistance Office form library at https://courtselfhelp.idaho.gov/Forms lists statewide court-form categories, but the public category list does not include a probate category. A Court Assistance Office Pb probate form series exists, but Franklin County does not publish a county probate packet, cover sheet or checklist on its District and Magistrate Court page or the Court Assistance Office page for Franklin County.
A personal representative or attorney should draft the application or petition from Idaho Code Title 15, chapter 3 and should ask the Franklin County clerk of the district court what the local filing counter requires before filing. If a will is involved, remember the paper-original requirement for the will in an e-filed case under I.R.E.F.S. Rule 5(a).
Local nuance
Franklin County-specific considerations
| Local point | What it means for a Franklin County filing |
|---|---|
| Two court phone numbers are published | The courthouse listing gives (208) 852-1090, while Franklin County's own District and Magistrate Court page gives (208) 852-0877 for the same court office. Try the other number if one does not connect. |
| Fax number is published locally | Franklin County publishes (208) 852-2926 as the court fax number. Call before sending anything because Idaho filing by fax was not established for probate. |
| County website hours differ from generic hours | Franklin County publishes court office hours as 9:00 a.m. to 5:00 p.m., Monday through Friday. No local probate filing cutoff is published. |
| Sixth Judicial District does not move the filing location | Franklin County is in Idaho's Sixth Judicial District under Idaho Code § 1-807, but Franklin County estates are filed at the Franklin County Courthouse in Preston when Franklin County is the proper venue under Idaho Code § 15-3-201. |
Recent updates
Page last reviewed: August 2026.
Scenarios
| Situation | Likely Franklin County path | Where Sunset helps |
|---|---|---|
| Surviving spouse with co-owned home | Start by identifying whether the home passes outside the estate or needs a Franklin County district court order. If the surviving spouse is the sole beneficiary, Idaho Code § 15-3-1205 may allow summary administration, including a motion to appear telephonically, but the spouse assumes estate indebtedness under that section. | Sunset helps collect asset information, identify title questions to raise with counsel and prepare an organized estate settlement packet for the attorney or court filing. |
| Out-of-state adult child with small estate under Idaho Code § 15-3-1201 | If the probate property is personal property within the $100,000 ceiling effective July 1, 2006, and the 30 days required by Idaho Code § 15-3-1201 have passed, the collection of personal property by affidavit may be presented to the holder. If real property or a dispute is involved, ask about a Franklin County filing instead. | Sunset helps find accounts, estimate whether court filing is needed and connect the family with a local probate attorney when the affidavit route is not enough. |
| Parent settling predeceased child's estate, home must be sold | A filing in Franklin County is usually the practical path when real property must be sold. The petitioner files an informal application or formal petition, pays the $166.00 filing fee tied to Idaho Code § 31-3201A, and seeks letters testamentary or letters of administration under Idaho Code § 15-1-201 and § 15-3-103. | Sunset helps assemble asset details, debts, family contacts and the documents a Franklin County attorney needs to move the estate settlement forward. |
Self-help resources
| Resource | How it helps | Contact |
|---|---|---|
| Court Assistance Office for Franklin County | Provides court forms, document review and legal information for people representing themselves, but not legal advice. The Franklin County page is at courtselfhelp.idaho.gov/Local/Franklin. | 39 W. Oneida, Preston, ID 83263. Main phone (208) 852-1090; direct line (208) 236-7067. Hours are 10:00 a.m. to 4:00 p.m., Monday through Friday, or by appointment. |
| Idaho Legal Aid Services | Statewide civil legal aid intake. Probate administration is not listed among its service areas, so call only to ask whether your issue fits. | Legal Advice Line: 208-746-7541. Online intake: https://www.idaholegalaid.org/apply-for-help |
| Idaho Volunteer Lawyers Program | Offers civil legal assistance through volunteer attorneys, including advice and counsel clinics by appointment. It is not an emergency program, and its wills clinic is estate planning, not estate administration. | https://ilf.idaho.gov/ivlp/legal-assistance/ |
| Idaho State Bar Lawyer Referral Service | Connects callers with participating Idaho lawyers. The Idaho State Bar lists a $35 referral fee for August 2026, with exceptions for personal injury, medical malpractice and workers' compensation, and an initial consultation of up to a half hour at no fee. | (208) 334-4500. https://isb.idaho.gov/lawyer-referral-service/ |
| Idaho State Law Library | Provides legal research materials for the public. | 501 W. Front Street, Boise, ID 83702-7232. (208) 364-4555. https://isll.idaho.gov |
When to hire an attorney
Idaho does not require a personal representative to hire a lawyer, but counsel makes sense when a Franklin County estate involves real property, a missing or disputed will, creditor problems, family conflict, a nonresident decedent, tax questions, or uncertainty about whether the registrar can act informally under Idaho Code § 15-1-307 and § 15-3-302. Sunset connects families with a vetted attorney when the estate settlement needs legal help.
How Sunset helps
Find the accounts and assets. Sunset searches across more than 2,300 institutions so families can identify accounts, insurance, debts and other assets before deciding what to file in Franklin County.
Generate the probate packet. Sunset organizes the facts, documents and family information needed for an Idaho application or petition, helping turn estate settlement tasks into a clear filing checklist.
Find a local probate attorney. When a Franklin County case involves real property, a dispute, missing information or formal probate under Idaho Code § 15-3-401, Sunset can connect the family with a local probate attorney.
Sunset is free for families. Families can use Sunset to understand the estate settlement workload, gather documents and move forward without paying Sunset for the core service.
Frequently asked questions
Where do I file probate for a Franklin County resident?
File with the clerk of the district court at the Franklin County Courthouse, 39 West Oneida, Room 2, Preston, ID 83263, if Franklin County is the county of the decedent's domicile. For a non-Idaho decedent, Idaho venue can be a county where the decedent's property was located (Idaho Code § 15-3-201).
Does Franklin County have a separate estate court?
No separate court handles decedents' estates in Idaho. Probate is assigned to the magistrate division of the district court, and a magistrate judge hears the case (Idaho Const. art. V, § 20; Idaho Code § 1-2201, § 1-2208).
Can I e-file a Franklin County probate case?
Attorneys must use electronic filing. A self-represented personal representative may use iCourt File and Serve or may file on paper with the clerk of the district court. If a self-represented filer chooses electronic filing, the filer must keep using it for the life of the case unless the court permits withdrawal (Idaho Rules for Electronic Filing and Service Rule 4).
What happens to the original will if the case is e-filed?
If a will is involved and the case is e-filed, the original will and the pleading it is attached to must also be filed conventionally within seven business days (I.R.E.F.S. Rule 5(a)).
How much does it cost to open probate in Franklin County?
The opening filing fee is $166.00 under the Idaho Supreme Court Appendix A fee schedule effective July 12, 2024. The amount is tied to Idaho Code § 31-3201A, § 1-2003, § 73-213 and § 31-3201.
Are Franklin County probate cases searchable online?
Idaho uses the iCourt Portal at https://mycourts.idaho.gov/odysseyportal/ for statewide online records and payments. Call the Franklin County clerk of the district court to ask what is available for a specific probate case, because access to court records is governed by Idaho Court Administrative Rule 32.
Does Franklin County publish probate forms?
Franklin County does not publish a county probate packet on its District and Magistrate Court page or its Court Assistance Office page. Idaho's Court Assistance Office form library is at courtselfhelp.idaho.gov/Forms, and a filer should ask the Franklin County clerk what local paperwork is expected before filing.
Can I appear remotely for a Franklin County probate hearing?
The court may allow certain hearings by telephone or video teleconference under Idaho R. Civ. P. 7.2, but no Franklin County probate Zoom schedule is published. One Idaho route has a specific remote option: in summary administration where a surviving spouse is the sole beneficiary, the petitioner may move to appear telephonically or submit affidavits instead, subject to Idaho Code § 15-3-1205.
Do I have to travel to Preston if I live outside Idaho?
Not always, but do not assume the entire case can be handled online. A self-represented filer may use paper filing or electronic filing under the Idaho Rules for Electronic Filing and Service, hearings depend on the court and Idaho R. Civ. P. 7.2, and a testate e-filed case still requires the original will to be filed conventionally under I.R.E.F.S. Rule 5(a).
Does Idaho collect inheritance tax on a Franklin County estate?
Idaho has no inheritance tax, no estate tax and no gift tax. The Idaho State Tax Commission states at tax.idaho.gov that Idaho has no gift tax or inheritance tax and that its estate tax for deaths expired in 2004. An estate may still have federal tax or income tax filing issues.
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.