How Does Probate Work in Franklin County, Idaho?
When someone dies, the last thing you need is confusion about legal requirements. Not every estate in Franklin County requires full probate. Estates valued under $100,000 may qualify for a faster path. The Magistrate Court accepts filings in person and requires e-filing for attorneys.
Do I Need Probate?
The question most families in Franklin County face first: does this estate actually need to go through the Magistrate Court? The answer depends on how assets were titled.
Assets in a funded revocable living trust pass directly to beneficiaries without probate. Life insurance, retirement accounts with named beneficiaries, and jointly-held property with survivorship rights also transfer automatically. Only assets titled solely in the deceased's name—or caught by a "pour-over will" for unfunded trust assets—go through the Magistrate Court.
If the estate is worth less than $100,000Idaho Code § 15-3-1201Verified Apr 14, 2026, a Small Estate AffidavitIdaho Code § 15-3-1201Verified Apr 14, 2026 may be available after waiting 30 daysIdaho Code § 15-3-1201Verified Apr 14, 2026. Otherwise, families in Franklin County go through standard probate at the Magistrate Court.
See what portion of this estate may require probate:
To open probate, the Magistrate Court needs the original will (if there is one), a certified death certificate, and documentation of assets—deeds, account statements, vehicle titles. The way each asset was titled is what determines whether it's part of the probate estate.
Under Idaho's independent administration option, the executor handles most estate tasks without returning to the Magistrate Court for approval. This generally means fewer hearings and a faster process.
The Magistrate Court offers informal probate for uncontested estates—less court involvement and a simpler process when all beneficiaries agree.
Filing at the Magistrate Court
Attorneys must e-file in Franklin County, but families handling probate without an attorney are exempt and can file on paper at the clerk's office or by mail.
Who Inherits Without a Will?
Because Idaho follows community property rules, each spouse owns an equal share of assets acquired during the marriage. When one spouse dies, only their half passes through probate at the Magistrate Court. The surviving spouse keeps their half automatically.
Enter the family details to see who inherits under Idaho law:
Surviving spouses in Idaho can elect to take 50%Idaho Code § 15-2-203Verified Apr 14, 2026 of the estate regardless of the will. This election must be filed at the Magistrate Court within 270 daysIdaho Code § 15-2-203Verified Apr 14, 2026 of receiving probate notice.
Creditors must be notified through newspaper publication in Franklin County for 3Idaho Code §§ 15-3-801, 15-3-803, 15-3-805, 15-3-806Verified Apr 14, 2026 consecutive weeks, and known creditors receive direct written notice. The claim deadline is 4 monthsIdaho Code §§ 15-3-801, 15-3-803, 15-3-805, 15-3-806Verified Apr 14, 2026 from first publication.
Idaho has adopted digital asset access laws, allowing executors to manage the deceased's email, social media, and online accounts as part of estate administration.
Legal Sources
- Idaho Code § 15-2-203
- Idaho Code § 15-3-1201
- Idaho Code §§ 15-3-801, 15-3-803, 15-3-805, 15-3-806
Data sourced from Idaho statutes and official state code. How we research.
Frequently Asked Questions
The Magistrate Court for Franklin County is located in Preston, Idaho. Full address, phone, hours, and e-filing details are listed on this page.
A simple probate in Idaho typically closes in 4–6 months. Average estates run 6–12 months. Complex estates with disputes or tax issues can take 12–24 months. Timing in Franklin County tracks the state range unless the docket is unusually backed up.
No. Idaho allows estates under $100,000 to use a Small Estate Affidavit and skip formal probate. The waiting period is 30 days after death. Use the Idaho probate decision tool to see if the estate qualifies.
When there is no will, Idaho's intestate succession rules decide who inherits. Spouses, children, and parents are prioritized in that order. The Franklin County probate court applies the state rules without variation. See who inherits in Idaho for the exact order.
A revocable living trust is the cleanest way for most families to skip probate entirely. Assets titled to the trust pass to beneficiaries without court involvement, filing fees, or the Franklin County probate docket. Create a revocable trust online to avoid putting your family through this process later.
Magistrate Court
Franklin County
39 West Oneida Street
Preston, ID 83263
Phone:
208-852-0877Fax:
208-852-2926
Hours:
Monday - Friday, 9:00 AM - 5:00 PM
Paper Filing Available
E-Filing Optional
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Notify Banks & Financial Institutions
Each institution has a separate death claim process. Find yours below.
