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Madison County, ID Probate Information
Quick facts
| Item | Madison County information |
|---|---|
| Court | The magistrate division of the district court at the Madison County Courthouse, also called the Madison County District Court, magistrate division (Idaho Code § 1-2208). |
| Courthouse address | Madison County Courthouse, 159 East Main, Rexburg, ID 83440. |
| Mailing address | PO Box 389, Rexburg, ID 83440. |
| Phone | (208) 359-6252, clerk of the district court, Madison County. |
| Hours | 8:00 a.m. to 5:00 p.m., Monday through Friday. Call before travelling to confirm current hours and any filing cutoff. |
| Filing fee | $166.00 to open a probate in the magistrate division, effective July 12, 2024, whether by petition for formal probate or application for informal probate. The figure includes the $120 magistrate-division filing fee, the $26 judges' retirement fund fee, the $10 Idaho Code fund fee and the $10 civil administrative surcharge (Idaho Code § 31-3201A, § 1-2003, § 73-213, § 31-3201). |
| Local forms | No Madison County local probate packet appeared on the county website's courts page, the Madison County clerk page or the Madison Court Assistance Office page. The statewide Court Assistance Office forms site is courtselfhelp.idaho.gov/Forms. |
| E-filing status | Attorneys must file electronically. A self-represented personal representative may use iCourt File and Serve under the Idaho Rules for Electronic Filing and Service, or may file on paper with the clerk of the district court (I.R.E.F.S. Rule 4). |
| Case search | Use the iCourt Portal at mycourts.idaho.gov. Ask the clerk what Madison County estate case information is visible online; access to court records is governed by Idaho Court Administrative Rule 32. |
| Remote appearance | The court may allow telephone or video teleconference hearings under Idaho R. Civ. P. 7.2. No Madison County probate calendar or Seventh Judicial District probate remote rule was located for this page. |
| Website | Seventh Judicial District: isc.idaho.gov/district-7. Madison County: madisoncountyid.gov. |
Before you begin — know the assets and liabilities
Before you choose a filing path, make a practical inventory of the estate settlement: what accounts exist, whether there is a will, whether real property must be transferred or sold, who has priority to serve, and whether debts or taxes may need attention. Madison County filings go through the Rexburg courthouse, but the legal path depends on the assets and family facts.
Sunset's asset discovery searches more than 2,300 financial institutions to help families find accounts, balances and liabilities before they prepare a probate packet. That work can prevent a Madison County estate settlement from being opened with missing assets or the wrong person asking to serve.
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 Madison County Courthouse.
Madison County is in Idaho's Seventh Judicial District, which includes Bingham, Bonneville, Butte, Clark, Custer, Fremont, Jefferson, Lemhi, Madison and Teton Counties. The Seventh Judicial District has seven district judges, and one resident chambers is established in Madison County (Idaho Code § 1-808). The district organizes judges and local rules; it does not move a Madison County filing counter out of Rexburg.
For the first informal or formal estate proceeding, venue 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). Madison County's incorporated cities are Rexburg and Sugar City.
The jurisdiction process
- Identify the estate assets, debts, will status and family priority before filing. If the estate uses an application for informal probate, the registrar, meaning a magistrate judge or district judge and not the clerk, makes the required findings (Idaho Code § 15-1-307, § 15-3-302).
- Prepare the opening papers. Use an application for informal probate or informal appointment when that route fits (Idaho Code § 15-3-302, § 15-3-307). Use a petition for formal probate when a formal proceeding is needed (Idaho Code § 15-3-401 through § 15-3-414). Madison County does not publish a local probate packet on the county pages checked, so the application or petition is drafted from Idaho Code Title 15.
- File with the clerk of the district court at the Madison County Courthouse, 159 East Main, Rexburg, or electronically if the filer is using iCourt File and Serve under the Idaho Rules for Electronic Filing and Service. Attorneys must file electronically; self-represented parties may file electronically but are not required to do so, and a self-represented filer who elects electronic filing must continue for the life of the case unless the court allows withdrawal (I.R.E.F.S. Rule 4). If there is an original will and the case is e-filed, the original will must also be filed conventionally within seven business days (I.R.E.F.S. Rule 5).
- Pay the $166.00 opening filing fee, effective July 12, 2024, unless the court allows filing without prepayment. The $166.00 amount includes the $120 magistrate-division filing fee, $26 judges' retirement fund fee, $10 Idaho Code fund fee and $10 civil administrative surcharge (Idaho Code § 31-3201A, § 1-2003, § 73-213, § 31-3201). Idaho Code § 31-3220 allows an indigent person to file an affidavit of inability to pay fees and ask the court to proceed without prepayment.
- Handle notice. In a formal proceeding, interested persons receive notice as required by the formal-probate statutes. After appointment, a personal representative may publish notice to creditors once a week for three successive weeks to start the four-month claim bar, and mailed or delivered notice gives the later of the published period or 60 days after mailing or delivery (Idaho Code § 15-3-801).
- Watch for whether a hearing is needed. Informal probate may result in a written statement of informal probate after five (5) days have elapsed since death, and informal appointment may issue after 120 hours have elapsed, subject to the nonresident rule in the statute (Idaho Code § 15-3-302, § 15-3-307). Formal probate is conducted before a judge with notice to interested persons (Idaho Code § 15-1-201, § 15-3-401).
- Ask about remote participation before the hearing date. Idaho R. Civ. P. 7.2 allows the court to hold certain hearings by telephone or video teleconference. In summary administration where a surviving spouse is the sole beneficiary, the petitioner may move to appear telephonically or submit affidavits instead of appearing, while accepting the debt-liability rule in that statute (Idaho Code § 15-3-1205).
- After appointment, use the letters to administer the estate. Idaho calls the authority documents letters testamentary when there is a will and letters of administration when there is no will (Idaho Code § 15-1-201, § 15-3-103). The personal representative prepares an inventory within three months after appointment, sends it to interested persons who request it, and may file it with the court (Idaho Code § 15-3-706). Closing depends on the route and the estate facts, including any closing statement allowed under Idaho Code § 15-3-1204.
Forms and documents
Probate forms in Madison County
Madison County does not publish a local probate packet, cover sheet or checklist on the county website's courts page, the county clerk page or the Madison Court Assistance Office page. The Court Assistance Office forms site is courtselfhelp.idaho.gov/Forms. Ask the Madison County clerk of the district court whether a current Pb form or local cover sheet is required for the filing you plan to make.
For a Madison County estate, the opening document is usually drafted as an application for informal probate or informal appointment, or as a petition for formal probate. Use Idaho Code Title 15, chapter 3, and do not assume that a family-law, guardianship or conservatorship form fits a decedent's estate.
Recent updates
Scenarios
| Scenario | Likely Madison County path | Where Sunset helps |
|---|---|---|
| Surviving spouse with co-owned home | Start by identifying how the home is titled and whether the surviving spouse is the sole beneficiary. Idaho has a summary administration route where a surviving spouse is the sole beneficiary, with a hearing and a debt-liability rule (Idaho Code § 15-3-1205). If a court filing is needed, file in Rexburg with the Madison County clerk of the district court. | Sunset helps collect account and property information, organize debts and generate a packet for attorney review or filing. |
| Out-of-state adult child with a small estate | If the estate consists only of qualifying personal property, 30 days have passed, no appointment or summary administration is pending or granted, and the probate estate is $100,000 or less, the claiming successor may use the collection of personal property by affidavit under Idaho Code § 15-3-1201. If court authority is needed, file in Madison County if venue is proper under Idaho Code § 15-3-201. | Sunset helps determine whether assets are personal property, find accounts across institutions and prepare next-step documents for estate settlement. |
| Parent settling predeceased child's estate, home must be sold | A home sale usually requires court authority unless title passes outside the estate. Expect a Madison County filing for appointment of a personal representative, followed by letters testamentary or letters of administration (Idaho Code § 15-1-201, § 15-3-103). | Sunset organizes the asset list, creditor information and family details so the personal representative and any attorney can move faster. |
Self-help resources
| Resource | How it helps | Contact |
|---|---|---|
| Court Assistance Office for Madison County | Provides court forms resources, document review and legal information for people representing themselves, but not legal advice. Its Madison County page is at courtselfhelp.idaho.gov/Local/Madison. | Madison County Courthouse, 159 E Main St., Rexburg, ID 83440. Phone: 208-589-9872. |
| Idaho Legal Aid Services | Statewide civil legal aid intake. Its service areas do not list probate administration, so call to ask whether your issue fits. | Legal Advice Line: 208-746-7541. Online intake: idaholegalaid.org/apply-for-help. |
| Idaho Volunteer Lawyers Program | Offers advice-and-counsel clinics by appointment through volunteer attorneys. Its wills clinic is estate planning, not estate administration. | ilf.idaho.gov/ivlp/legal-assistance/. |
| Idaho State Bar Lawyer Referral Service | Connects callers with Idaho attorneys. The Idaho State Bar publishes a $35 referral fee, current as of August 2026, except for the case types the Bar exempts, and an initial consultation of up to a half hour at no fee. | isb.idaho.gov/lawyer-referral-service/. Phone: (208) 334-4500. |
| Idaho State Law Library | Statewide legal research library operated under the joint management of the Idaho Supreme Court and the University of Idaho College of Law. | 501 W. Front Street, Boise, ID 83702-7232. Phone: (208) 364-4555. isll.idaho.gov. |
When to hire an attorney
Consider a probate attorney if the will is disputed, a home must be sold, heirs disagree, creditors are active, the estate includes business or tax issues, or you are unsure whether Madison County is the right venue under Idaho Code § 15-3-201. Idaho allows self-represented parties to file, but the Court Assistance Office does not give legal advice, and a personal representative is responsible for deadlines, notices, inventory duties and distributions. Sunset connects to a vetted attorney.
How Sunset helps
Find the accounts and assets. Sunset searches more than 2,300 financial institutions and helps families identify accounts, balances and liabilities before they open a Madison County estate settlement.
Generate the probate packet. Sunset turns the family, asset and debt information into organized documents for a Madison County filing, whether the next step is an application, a petition or attorney review.
Find a local probate attorney. If the estate needs legal advice, court strategy or help selling real property, Sunset can connect the family with a probate attorney familiar with Idaho estate settlement.
Sunset is free for families. Families can use Sunset to organize the estate, understand the next steps and decide whether to file personally or work with counsel.
Frequently asked questions
Where do I file probate in Madison County, Idaho?
File with the clerk of the district court at the Madison County Courthouse, 159 East Main, Rexburg, ID 83440. Probate is assigned to the magistrate division of the district court, and a magistrate judge hears it (Idaho Code § 1-2208). Venue is usually the county where the decedent had domicile at death (Idaho Code § 15-3-201).
What is the Madison 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 $120 magistrate-division filing fee, $26 judges' retirement fund fee, $10 Idaho Code fund fee and $10 civil administrative surcharge (Idaho Code § 31-3201A, § 1-2003, § 73-213, § 31-3201). If you cannot prepay, ask the clerk about an affidavit of inability to pay fees under Idaho Code § 31-3220.
Can I file a Madison County probate case electronically?
Attorneys must file electronically under the Idaho Rules for Electronic Filing and Service. A self-represented personal representative may use iCourt File and Serve, but may also file on paper with the clerk of the district court (I.R.E.F.S. Rule 4). A self-represented filer who chooses electronic filing must keep using it for the life of the case unless the court allows withdrawal.
Do I need to bring the original will to the Rexburg courthouse?
If there is an original will and the case is filed electronically, the original will must also be filed conventionally within seven business days (I.R.E.F.S. Rule 5). Call the Madison County clerk of the district court before mailing or delivering an original will.
Does Madison County have local probate forms?
Madison County's courts page, clerk page and Court Assistance Office page did not list a local probate packet. The Court Assistance Office forms site is courtselfhelp.idaho.gov/Forms. Ask the Madison County clerk whether a current Pb form or local cover sheet is required for your filing.
Who issues letters in an informal Madison County probate?
In Idaho, the registrar is a magistrate judge or district judge, not the clerk (Idaho Code § 15-1-307). The registrar makes the statutory findings for informal probate and informal appointment and issues the written statement of informal probate or appointment order when the statute allows it (Idaho Code § 15-3-302, § 15-3-307). The authority documents are letters testamentary if there is a will and letters of administration if there is no will (Idaho Code § 15-1-201, § 15-3-103).
Can I attend a Madison County probate hearing by phone or video?
Idaho R. Civ. P. 7.2 allows the court to hold certain hearings by telephone or video teleconference, but the decision belongs to the court. No Madison County probate calendar or Seventh Judicial District probate remote rule was found for this page. For a surviving-spouse summary administration where the spouse is the sole beneficiary, Idaho Code § 15-3-1205 allows the petitioner to move to appear telephonically or submit affidavits instead of appearing, with the statute's debt-liability rule.
How do I look up a Madison County estate case?
Use the iCourt Portal at mycourts.idaho.gov. Ask the Madison County clerk of the district court what estate case information is visible online, because access to court records is governed by Idaho Court Administrative Rule 32.
Does Idaho collect inheritance tax for a Madison County estate?
Idaho has no inheritance tax, no gift tax and no estate tax for current deaths. The Idaho State Tax Commission states that Idaho has no gift tax or inheritance tax and that its estate tax for deaths expired in 2004, and Idaho Code Title 14, chapter 4 is repealed. An estate may still need federal tax work or an income tax return for the estate. See tax.idaho.gov/taxes/estates-and-taxes/.
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.