Back to Idaho
Fremont County, ID Probate Information
Quick facts
| Item | Fremont County detail |
|---|---|
| Court | The magistrate division of the district court at the Fremont County Courthouse (Idaho Const. art. V, § 20; Idaho Code § 1-2201, § 1-2208). |
| Courthouse address | Fremont County Courthouse, 151 West 1st North St, Rm 12, Saint Anthony, ID 83445. |
| Mailing address | Same as the courthouse address. |
| Phone | The Idaho Judiciary lists (208) 624-7332 for Fremont County. Fremont County's own Clerk's Office and Magistrate & District Courts pages list (208) 624-7200. Try the other number if one does not connect. |
| Fax | (208) 624-4607. Call before sending anything by fax. |
| Hours | 8:00 a.m. to 5:00 p.m., Monday through Friday. No midday closure or filing cutoff is posted for probate filings. |
| Filing fee | $166.00, effective July 12, 2024, to open a probate in the magistrate division by petition for formal probate or application for informal probate. The amount includes the $120 magistrate-division filing fee under Idaho Code § 31-3201A, the $26 judges' retirement fund fee under Idaho Code § 1-2003, the $10 Idaho Code fund fee under Idaho Code § 73-213, and the $10 civil administrative surcharge under Idaho Code § 31-3201(3). |
| Local forms | No Fremont probate form, cover sheet, or checklist is posted on the county's own court page or its Court Assistance Office page. Check with the Court Assistance Office for Fremont County before filing because Idaho also has a CAO Pb probate form series in use elsewhere. |
| E-filing | Attorneys must file electronically under the Idaho Rules for Electronic Filing and Service Rule 4(a). A self-represented personal representative may use iCourt File and Serve or file on paper with the clerk of the district court under I.R.E.F.S. Rule 4(b). A self-represented filer who chooses electronic filing must keep using it for the life of the case unless the court allows withdrawal. The system vendor charges a $5.00 electronic filing fee as of December 15, 2023. |
| Case lookup | Use the iCourt Portal at https://mycourts.idaho.gov/odysseyportal/. Access to court records is governed by Idaho Court Administrative Rule 32. |
| Remote appearance | Idaho R. Civ. P. 7.2 allows certain hearings by telephone or video teleconference if the court permits it. Fremont County's court page describes a Motion to Appear by Zoom that asks the presiding judge to allow a virtual appearance. |
| Website | https://www.fremontcountyid.gov/164/Magistrate-District-Courts |
Before you begin — know the assets and liabilities
Before you choose a probate path in Fremont County, list the decedent's accounts, vehicles, real estate, debts, beneficiary designations, and jointly owned property. Idaho venue turns on the decedent's domicile for the first estate proceeding, or on property located in Idaho if the decedent was not domiciled in the state (Idaho Code § 15-3-201).
Sunset's estate settlement process starts with asset discovery across more than 2,300 financial institutions, then uses what is found to help decide whether Fremont County probate is needed and what documents the personal representative will need.
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 Fremont County Courthouse.
Fremont County is part of Idaho's Seventh Judicial District, together with Lemhi, Custer, Butte, Clark, Jefferson, Madison, Teton, Bonneville, and Bingham Counties (Idaho Code § 1-808). The Seventh Judicial District organizes judges, local rules, and district administration. It does not move a Fremont County estate filing to another county.
Venue for the first informal or formal testacy or appointment proceeding is in the county where the decedent had domicile at death. If the decedent was not domiciled in Idaho, venue is in a county where the decedent's property was located (Idaho Code § 15-3-201).
The jurisdiction process
- Identify the probate assets, debts, heirs, devisees, and whether the decedent left a will. If the decedent was domiciled in Fremont County, file the first Idaho estate proceeding at the Fremont County Courthouse in Saint Anthony (Idaho Code § 15-3-201).
- Choose the filing path. An informal case starts with an application for informal probate or appointment (Idaho Code § 15-3-301). A formal case starts with a petition for formal testacy or appointment and is conducted before a judge with notice to interested persons (Idaho Code § 15-1-201(20), § 15-3-401, § 15-3-402).
- File with the clerk of the district court in Fremont County. Attorneys file electronically under the Idaho Rules for Electronic Filing and Service Rule 4(a). A self-represented personal representative may file through iCourt File and Serve or on paper, but choosing electronic filing commits that filer to electronic filing for the life of the case unless the court allows withdrawal (I.R.E.F.S. Rule 4(b)).
- If a will is involved and the case is e-filed, file the original will and the pleading to which it is attached conventionally within seven business days as required by I.R.E.F.S. Rule 5(a).
- Pay the $166.00 opening filing fee, effective July 12, 2024, unless the clerk gives you a different current instruction. The fee includes the magistrate-division filing fee under Idaho Code § 31-3201A, plus related statutory charges under Idaho Code § 1-2003, § 73-213, and § 31-3201.
- For informal probate, the registrar, meaning a magistrate judge or district judge and not the clerk, makes the statutory findings and may issue a written statement of informal probate after five days have elapsed since death (Idaho Code § 15-1-307, § 15-3-302). For informal appointment, the registrar may appoint after 120 hours have elapsed, with a different delay for some nonresident decedents (Idaho Code § 15-3-307).
- For formal probate, follow the court's notice and hearing instructions. Formal proceedings are before a judge with notice to interested persons, and Idaho law includes an express uncontested formal testacy route (Idaho Code § 15-1-201(20), § 15-3-401, § 15-3-405).
- If a hearing is set and you want to appear virtually, file Fremont County's Motion to Appear by Zoom and wait for the presiding judge's decision. Idaho R. Civ. P. 7.2 also allows certain hearings by telephone or video teleconference when the court permits it.
- After appointment and qualification, use the letters testamentary or letters of administration to deal with banks, title issues, creditors, and estate property (Idaho Code § 15-1-201(28), § 15-3-103).
- Administer and close the estate. The personal representative may publish notice to creditors once a week for three successive weeks to start the four-month claim period, with a 60-day mailed-notice rule for creditors who receive written notice (Idaho Code § 15-3-801). Within three months after appointment, the personal representative prepares an inventory, sends it to interested persons who request it, and may file the original with the court (Idaho Code § 15-3-706).
Forms and documents
Probate forms in Fremont County
Fremont County does not post a county-specific probate form, cover sheet, or checklist on its Magistrate & District Courts page or its Court Assistance Office page. The Court Assistance Office form library at courtselfhelp.idaho.gov/Forms lists many self-help categories, but it does not show a probate category on that page.
A CAO Pb probate form series exists in Idaho, so call the Court Assistance Office for Fremont County before you draft from scratch. If there is no local packet for your situation, the personal representative or attorney drafts the informal application or formal petition from Idaho Code Title 15, chapter 3, including Idaho Code § 15-3-301 for an informal application and Idaho Code § 15-3-402 for a formal petition.
Local nuance
Fremont County-specific considerations
| Local point | What it means in Fremont County |
|---|---|
| Phone numbers | Two different public numbers are useful. The Idaho Judiciary lists (208) 624-7332 for Fremont County, while Fremont County's own Clerk's Office and Magistrate & District Courts pages list (208) 624-7200. Use both if needed. |
| Fax number | Fremont County's Magistrate & District Courts page lists fax number (208) 624-4607. Call the clerk before sending anything because no Idaho rule for probate filing by fax is stated here. |
| Zoom request practice | Fremont County's court page describes a Motion to Appear by Zoom. A party files the motion to request a virtual appearance, and the presiding judge decides whether to grant it. This local practice sits alongside Idaho R. Civ. P. 7.2, which addresses hearings by telephone or video teleconference. |
| Seventh Judicial District size | Fremont is one of ten counties in Idaho's Seventh Judicial District, the largest Idaho judicial district by county count. Resident chambers for district judges are listed in Madison, Bingham, Bonneville, and Jefferson Counties, not Fremont County (Idaho Code § 1-808). That affects district administration, not where a Fremont County estate is filed. |
Recent updates
Scenarios
| Scenario | Likely Fremont County path | Where Sunset helps |
|---|---|---|
| Surviving spouse with co-owned home | Start by identifying how the home is titled and whether any asset needs court authority. Idaho is a community property state, but the page does not determine a spouse's share. If the surviving spouse is the sole beneficiary, ask counsel whether summary administration under Idaho Code § 15-3-1205 fits, including the rule that the surviving spouse assumes and is liable for estate indebtedness. | Sunset helps organize title, accounts, debts, beneficiary designations, and the estate settlement checklist before a filing decision is made. |
| Out-of-state adult child with small estate under Idaho Code § 15-3-1201 | If only personal property is involved and the estate qualifies, Idaho Code § 15-3-1201 allows a claiming successor to use a collection affidavit after the statutory waiting period. If court authority is needed, file in Fremont County if venue belongs there under Idaho Code § 15-3-201. | Sunset helps find accounts, estimate whether probate property is involved, and prepare the information an attorney or self-represented filer needs. |
| Parent settling predeceased child's estate, home must be sold | A home sale usually requires court authority unless title passes outside probate. The parent should expect an informal application or formal petition in Fremont County, followed by letters testamentary or letters of administration if appointed (Idaho Code § 15-1-201(28), § 15-3-103). | Sunset assembles asset information, debts, heirs, and documents so the probate packet and sale timeline are easier to manage. |
Self-help resources
| Resource | How to use it | Contact |
|---|---|---|
| Court Assistance Office for Fremont County | Use this county page for self-represented court information, court forms, document review, and legal information. The Court Assistance Office does not give legal advice. Call ahead because no Fremont hours are posted on the county CAO page. | 151 W 1st N, St. Anthony, ID 83445. Phone: (208) 589-9872. courtselfhelp.idaho.gov/Local/Fremont |
| Idaho Legal Aid Services | Statewide civil legal aid intake. Its services page does not list probate administration as a service area, so do not assume it will take an estate matter. | Legal Advice Line: 208-746-7541. Online intake: https://www.idaholegalaid.org/apply-for-help |
| Idaho Volunteer Lawyers Program | Offers civil legal assistance and advice-and-counsel clinics by appointment. It is not an emergency program, and its wills clinic is estate planning rather than estate administration. | https://ilf.idaho.gov/ivlp/legal-assistance/ |
| Idaho State Law Library | Use the state law library for Idaho legal research materials. The library is managed by the Idaho Supreme Court and the University of Idaho College of Law. | 501 W. Front Street, Boise, ID 83702-7232. Phone: (208) 364-4555. https://isll.idaho.gov |
When to hire an attorney
Consider hiring a probate attorney if the estate includes real property, a business, creditor disputes, missing heirs, an out-of-state decedent, disagreement over who should serve, or a possible Fremont County Zoom request tied to a contested hearing. Idaho does not require every personal representative to hire counsel, but the Court Assistance Office does not give legal advice and Fremont County does not post a local probate packet. Sunset connects families with a vetted attorney when legal help is the right next step.
How Sunset helps
Find the accounts and assets. Sunset searches across more than 2,300 financial institutions to help families identify accounts, balances, and asset clues that shape the Fremont County estate settlement plan.
Generate the probate packet. Sunset uses the asset list, family information, and court path to organize the information needed for an informal application, formal petition, or attorney review under Idaho Code Title 15, chapter 3.
Find a local probate attorney. When the estate needs legal advice, a real property sale, creditor strategy, or court advocacy, Sunset can connect the family with a vetted Idaho probate attorney.
Sunset is free for families. Families can use Sunset to organize estate settlement tasks, discover assets, and understand next steps without paying Sunset a fee.
Frequently asked questions
Where do I file probate for a Fremont County resident?
File with the clerk of the district court at the Fremont County Courthouse in Saint Anthony if Fremont County is the proper venue. Idaho venue for the first estate proceeding is based on the decedent's domicile, or, for a non-Idaho decedent, property located in Idaho (Idaho Code § 15-3-201).
Does Fremont County have its own probate forms?
Fremont County does not post a county-specific probate form, cover sheet, or checklist on its court page or Court Assistance Office page. The Court Assistance Office at courtselfhelp.idaho.gov/Forms does not show a probate category there, although a CAO Pb probate form series exists in Idaho. Call the Court Assistance Office for Fremont County before drafting the application or petition from Idaho Code § 15-3-301 or § 15-3-402.
Can I e-file a Fremont County probate case?
Attorneys must file electronically under the Idaho Rules for Electronic Filing and Service Rule 4(a). A self-represented personal representative may use iCourt File and Serve or file on paper with the Fremont County clerk under I.R.E.F.S. Rule 4(b). If a self-represented filer chooses electronic filing, that choice continues for the life of the case unless the court allows withdrawal.
What is the Fremont County probate filing fee?
The opening filing fee is $166.00, effective July 12, 2024, for a petition for formal probate or an application for informal probate in the magistrate division. The amount includes the Idaho Code § 31-3201A magistrate-division filing fee and other statutory charges under Idaho Code § 1-2003, § 73-213, and § 31-3201.
Who decides an informal probate application in Fremont County?
The registrar decides the informal probate application. In Idaho, the registrar is a magistrate judge or district judge, not the clerk of the district court (Idaho Code § 15-1-307). If the registrar is satisfied, the registrar may issue the written statement of informal probate under Idaho Code § 15-3-302, and informal appointment is addressed in Idaho Code § 15-3-307.
Does Fremont County allow Zoom for probate hearings?
Fremont County's Magistrate & District Courts page describes a Motion to Appear by Zoom. A party may file the motion to request a virtual appearance, and the presiding judge decides whether to grant it. Idaho R. Civ. P. 7.2 also allows certain hearings by telephone or video teleconference when the court permits that format.
How do I look up a Fremont County probate case?
Use Idaho's iCourt Portal at https://mycourts.idaho.gov/odysseyportal/. Access to court records is governed by Idaho Court Administrative Rule 32, and the clerk can tell you what is available for a Fremont County estate file.
Do I have to travel to Saint Anthony for a Fremont County probate?
Plan around the Fremont County Courthouse unless the court gives different instructions. If a hearing is set, you can ask about Fremont County's Motion to Appear by Zoom, and the judge decides whether to allow that request under the local practice and Idaho R. Civ. P. 7.2. A surviving-spouse summary administration has its own rule allowing a motion to appear telephonically or affidavits in place of appearance, with the debt-liability rule in Idaho Code § 15-3-1205.
Can a small estate avoid a Fremont filing?
For personal property only, Idaho Code § 15-3-1201 allows a claiming successor to present a collection affidavit to the person or institution holding the property if the probate property value fits the current $100,000 ceiling, effective July 1, 2006, and the other statutory conditions are met. That affidavit is not the same as opening a Fremont County probate case.
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.