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Owyhee County, ID Probate Information
Quick facts
| Topic | Owyhee County information |
|---|---|
| Court | Owyhee County District Court, magistrate division, where probate is assigned under Idaho Code § 1-2208. |
| Primary filing location | Owyhee County Courthouse, 20381 State Highway 78, Murphy, ID 83650. |
| Mailing address | PO Box 128, Murphy, ID 83650. |
| Primary phone | (208) 495-2806. If that number does not connect, try (208) 495-2421, which also appears in Idaho court contact materials for Owyhee County. |
| Fax | (208) 495-1173. Do not assume a faxed filing is accepted unless the clerk of the district court tells you to use it. |
| Murphy hours | Monday through Friday, 8:30 a.m. to 5:00 p.m. |
| Second court location | Homedale Magistrate Court, 130 W Idaho Ave, Homedale, ID 83628, phone (208) 337-4540. Hours are limited and Tuesdays are closed. |
| Filing fee | $166.00 to open a probate in the magistrate division, effective July 12, 2024 under Idaho Supreme Court Appendix A. The same schedule reflects the $120 magistrate-division filing fee under Idaho Code § 31-3201A, the $26 judges' retirement fund fee under Idaho Code § 1-2003, a $10 Idaho Code fund fee under Idaho Code § 73-213 and a $10 civil administrative surcharge under Idaho Code § 31-3201. |
| Local forms | No Owyhee County-specific probate packet is listed in the local court materials named for this page. Ask the clerk whether a local cover sheet is needed before filing. |
| E-filing | Idaho courts use iCourt File and Serve. Attorneys must file electronically under the Idaho Rules for Electronic Filing and Service. Self-represented parties may file electronically or file on paper with the clerk, but a self-represented filer who elects electronic filing must keep using it for the life of the case unless the court allows withdrawal. |
| Original will | If there is an original will, it must also be filed conventionally on paper within seven business days even when the case is e-filed under I.R.E.F.S. Rule 5(a). |
| Case search | Idaho uses the iCourt Portal at https://mycourts.idaho.gov/odysseyportal/ for statewide online records and payments. Court records access is governed by Idaho Court Administrative Rule 32. |
| Remote appearance | Idaho R. Civ. P. 7.2 allows the court to hold certain matters by telephone or video teleconference. The Third Judicial District publishes a Court Schedules and Zoom Hearings contact block for Owyhee County at (208) 495-2806. |
| Court website | https://owyheecounty.net/courts/ and https://isc.idaho.gov/district-3 |
Before you begin — know the assets and liabilities
Before you choose a filing path in Owyhee County, list the assets, debts, accounts, real property and possible nonprobate transfers. Idaho venue depends on the decedent's domicile, and an estate settlement plan is different if the only property is personal property, if land must be sold, or if a surviving spouse may qualify for a summary administration route under Idaho Code § 15-3-1205.
Sunset's asset discovery searches across more than 2,300 institutions to help families find accounts, benefits and property before they prepare an Owyhee County filing. That front-end inventory helps avoid opening the wrong estate settlement path or filing in the wrong Idaho county.
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 Owyhee County Courthouse in Murphy.
Venue for the first informal or formal testacy or appointment proceeding is in the county where the decedent had domicile at death, or, for a decedent not domiciled in Idaho, in an Idaho county where the decedent's property was located (Idaho Code § 15-3-201; see also Idaho Code § 15-3-401 for formal testacy proceedings). Owyhee County includes Murphy, Homedale, Marsing, Grand View and Bruneau, but only Murphy and Homedale are court locations named here.
Owyhee County is one of six counties in Idaho's Third Judicial District, with Adams, Washington, Payette, Gem and Canyon Counties (Idaho Code § 1-804). The judicial district organizes judges and local rules; it does not move an Owyhee County estate filing to Canyon County.
The jurisdiction process
- Identify the estate assets and debts, confirm the decedent's domicile under Idaho Code § 15-3-201, and decide whether the filing belongs in Owyhee County.
- Choose the filing path. Use an application for informal probate or informal appointment under Idaho Code § 15-3-301, or a petition for formal probate under Idaho Code § 15-3-402 and Idaho Code § 15-3-401 when a judge should decide issues with notice.
- Prepare the probate papers. In an informal proceeding the registrar, in Idaho a magistrate judge or a district judge, not a clerk, makes the required findings and issues a written statement of informal probate or an order appointing the personal representative (Idaho Code § 15-1-307, § 15-3-302, § 15-3-307).
- File at the Owyhee County Courthouse in Murphy with the clerk of the district court. Do not assume the Homedale Magistrate Court is the right filing counter for a probate matter unless the clerk directs you there.
- Pay the $166.00 opening filing fee, effective July 12, 2024, for a petition for formal probate or an application for informal probate. The amount includes the magistrate-division fee under Idaho Code § 31-3201A, the judges' retirement fund fee under Idaho Code § 1-2003, the Idaho Code fund fee under Idaho Code § 73-213 and the civil administrative surcharge under Idaho Code § 31-3201.
- If the estate has an original will and the case is e-filed, file the original will conventionally on paper within seven business days under I.R.E.F.S. Rule 5(a).
- Handle required notices and creditor strategy. Idaho lets a personal representative publish notice to creditors once a week for three successive weeks to start a 4 months claims period, and mailed or delivered notice gives a creditor 60 days after mailing or delivery or 4 months after first publication, whichever is later (Idaho Code § 15-3-801).
- Ask the clerk how any hearing will be scheduled. Idaho R. Civ. P. 7.2 allows certain hearings by telephone or video teleconference, but the court decides whether that format is used.
- After appointment, use the letters testamentary or letters of administration as the authority document for banks, buyers and agencies (Idaho Code § 15-1-201, § 15-3-103).
- Administer and close the estate. Prepare the inventory within 3 months after appointment, send it to interested persons who request it, and remember that filing the original inventory with the court is optional under Idaho Code § 15-3-706.
Forms and documents
Probate forms in Owyhee County
Idaho probate forms are not handled like the family-law and small-claims form categories on the Idaho Court Assistance Office site at https://courtselfhelp.idaho.gov/Forms. Idaho now has Court Assistance Office probate materials in the Pb series, but Owyhee County does not list a separate county-specific probate packet in the local materials named here.
For an Owyhee County estate, start with the Court Assistance Office, then call the clerk of the district court before filing to ask whether a local cover sheet or local formatting step is expected. A personal representative or attorney prepares the application for informal probate under Idaho Code § 15-3-301 or the petition for formal probate under Idaho Code § 15-3-402 from Idaho Code Title 15, chapter 3.
Local nuance
Owyhee County-specific considerations
Owyhee County is the Idaho page where the city matters most. The probate filing location is the Owyhee County Courthouse in Murphy. Homedale has a Homedale Magistrate Court location, but Homedale is not the county-seat filing location named for Owyhee County probate.
Call before driving to Homedale. Owyhee County's own court page lists the Homedale location at 130 W Idaho Ave, while Idaho court contact materials list a different Homedale street address for the same phone number. The safest practical step is to call (208) 337-4540 before using the Homedale location, and to call the Murphy courthouse at (208) 495-2806 for probate filing questions.
Recent updates
Scenarios
| Archetype | Likely Owyhee County path | Where Sunset helps |
|---|---|---|
| surviving spouse w/ co-owned home | First confirm title and whether the surviving spouse is the sole devisee or heir. If Idaho Code § 15-3-1205 applies, the spouse may use summary administration under Idaho Code § 15-3-1205, which can reach real property and has a $130.00 filing fee effective July 12, 2024 under Idaho Supreme Court Appendix A and Idaho Code § 31-3201A. The spouse also assumes liability for indebtedness that might be a claim against the estate under Idaho Code § 15-3-1205(c). | Sunset helps identify the home, debts, accounts and beneficiary designations so the spouse can compare a court filing with nonprobate transfers before starting estate settlement. |
| out-of-state adult child w/ small estate | If the estate has $100,000 or less in probate personal property, the claiming successor may use the collection of personal property by affidavit after 30 days under Idaho Code § 15-3-1201. That affidavit is presented to the property holder, not filed with the Owyhee County clerk. | Sunset helps find accounts and organize holder contact information so the child knows whether the Idaho Code § 15-3-1201 affidavit is enough or whether an Owyhee County filing is needed. |
| parent settling predeceased child's estate, home must be sold | Because a home must be sold, plan on filing in Murphy if Owyhee County is the correct venue under Idaho Code § 15-3-201. The registrar handles the informal route under Idaho Code § 15-1-307 and § 15-3-302, and a judge handles formal probate under Idaho Code § 15-3-401 when formal proceedings are needed. | Sunset gathers asset information, drafts a filing checklist and connects the parent with local attorney help for sale, title and estate settlement issues. |
Self-help resources
| Resource | How it helps | Contact |
|---|---|---|
| Court Assistance Office for Owyhee County | Provides legal information, court forms and document review for people representing themselves. It is not a lawyer for the family. | https://courtselfhelp.idaho.gov/Local/Owyhee. Phone (208) 454-7455. Available by phone or email Monday through Friday, 9:00 to 5:00. |
| Idaho Legal Aid Services | Statewide civil legal aid intake. Probate is not listed among the service areas described for this resource. | Legal Advice Line: 208-746-7541. |
| Idaho Volunteer Lawyers Program | Connects financially qualified people with volunteer-attorney civil legal help when the program can place the matter. It is not an emergency program. | https://ilf.idaho.gov/ivlp/legal-assistance/ |
| Idaho State Law Library | Legal research library operated under the joint management of the Idaho Supreme Court and the University of Idaho College of Law. | https://isll.idaho.gov. 501 W. Front Street, Boise, ID 83702-7232. Phone (208) 364-4555. |
When to hire an attorney
Legal counsel is especially useful in Owyhee County when real property must be sold, the family is unsure whether the Murphy or Homedale court location is involved, a creditor issue is expected, the will may be challenged, or a surviving spouse is considering summary administration under Idaho Code § 15-3-1205 and needs to understand the debt-liability consequence. Sunset connects families to a vetted attorney.
How Sunset helps
Find the accounts and assets. Sunset searches across more than 2,300 institutions to help locate accounts, benefits, insurance and property before an Owyhee County estate settlement begins.
Generate the probate packet. Sunset turns the family's answers into an organized probate packet and filing checklist, including the court location in Murphy and reminders for Idaho filing rules.
Find a local probate attorney. When the estate involves land, creditor risk, a contested issue or an uncertain Idaho Code § 15-3-1205 route, Sunset can connect the family with a local probate attorney.
Sunset is free for families. Families can use Sunset to organize estate settlement tasks, track documents and understand next steps without paying Sunset.
Frequently asked questions
Where do I file probate for an Owyhee County estate?
File with the clerk of the district court at the Owyhee County Courthouse in Murphy if Owyhee County is the correct venue under Idaho Code § 15-3-201. The Homedale Magistrate Court is a second location with its own phone and limited hours, but the Murphy courthouse is the filing location named here.
Is Homedale the Owyhee County courthouse city?
No. Murphy is the county-seat courthouse city for this page. Homedale has a Homedale Magistrate Court location, and you should call before driving there because public court listings use different street addresses for that office.
Can I e-file an Owyhee County probate case?
Idaho courts use iCourt File and Serve under the Idaho Rules for Electronic Filing and Service. Attorneys must file electronically. A self-represented personal representative may use File and Serve or may file on paper with the Owyhee County clerk, and a self-represented filer who elects electronic filing must keep using it for the life of the case unless the court allows withdrawal.
What if the estate has an original will?
If the case is e-filed, the original will must also be filed conventionally on paper within seven business days under I.R.E.F.S. Rule 5(a). Call the Owyhee County clerk before filing if you are unsure how to deliver the original will.
How much does it cost to open probate in Owyhee County?
The opening filing fee is $166.00, effective July 12, 2024 under Idaho Supreme Court Appendix A. The amount includes the Idaho Code § 31-3201A magistrate-division fee, the Idaho Code § 1-2003 judges' retirement fund fee, the Idaho Code § 73-213 Idaho Code fund fee and the Idaho Code § 31-3201 civil administrative surcharge.
Can I look up an Owyhee County probate case online?
Idaho publishes the iCourt Portal at https://mycourts.idaho.gov/odysseyportal/ for statewide online records and payments. Call the Owyhee County clerk to ask what is visible for a particular probate case, because access to court records is governed by Idaho Court Administrative Rule 32.
Will I have to travel to Murphy for a hearing?
Ask the clerk what the Third Judicial District requires for your hearing. Idaho R. Civ. P. 7.2 allows a court to hold certain matters by telephone or video teleconference, and summary administration for a surviving spouse who is the sole beneficiary has a separate telephonic option under Idaho Code § 15-3-1205.
Are there Owyhee County probate forms?
Owyhee County does not list a separate county-specific probate packet in the local materials named here. Start with the Idaho Court Assistance Office at https://courtselfhelp.idaho.gov/Forms and ask the Owyhee County clerk whether any local cover sheet or local filing step is expected.
Does an Owyhee County estate owe state inheritance tax?
Idaho has no inheritance tax, no estate tax and no gift tax according to the Idaho State Tax Commission at tax.idaho.gov, and Idaho's estate tax for deaths expired in 2004. An estate may still have federal tax obligations or an income tax return for the estate.
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.