How Much Does Probate Cost in Franklin County, Idaho?
Understanding what probate costs before you start helps you plan and avoid surprises. Here's what families in Franklin County can expect.
One of the most common concerns families in Franklin County have is how much probate will actually cost. The answer depends on the estate's value, complexity, and whether you hire an attorney.
In Idaho, attorney fees are based on reasonable compensationIdaho Code § 15-3-720 (reasonable compensation; no statutory percentage)Verified Apr 14, 2026 and typically run 2%Idaho Code § 15-3-720 (reasonable compensation; no statutory percentage)Verified Apr 14, 2026 to 4%Idaho Code § 15-3-720 (reasonable compensation; no statutory percentage)Verified Apr 14, 2026 of estate value. For simpler estates, flat-fee arrangements with Preston-area attorneys are common.
Run the numbers for this estate:
Court filing fees to open probate are $166Idaho Code § 31-3201A; IRCP Appendix A (eff. 7/12/2024)Verified Apr 14, 2026 in Idaho, plus additional fees for motions and final accounting.
Attorney fees in Franklin County typically range from 2%Idaho Code § 15-3-720 (reasonable compensation; no statutory percentage)Verified Apr 14, 2026 to 4%Idaho Code § 15-3-720 (reasonable compensation; no statutory percentage)Verified Apr 14, 2026 of estate value, though many local attorneys offer flat-rate arrangements for straightforward cases. Executor compensation in Idaho is 2%Idaho Code § 15-3-719 (reasonable compensation; no statutory percentage)Verified Apr 14, 2026 to 4%Idaho Code § 15-3-719 (reasonable compensation; no statutory percentage)Verified Apr 14, 2026 of estate value based on reasonable payment for time and effort managing the estate.
You'll need to publish a creditor notice in a local Franklin County newspaper ($200-$500). Real estate and business interests also require professional appraisals, typically $300-$600 each.
These costs accumulate over 6 monthsIdaho Code § 15-3-1201Verified Apr 14, 2026 to 12 monthsIdaho Code § 15-3-1201Verified Apr 14, 2026—the typical timeline for probate at the Magistrate Court. The 4 monthsIdaho Code § 15-3-801Verified Apr 14, 2026 creditor claim period accounts for much of this wait, and expenses compound as executors manage assets during this period.
Legal Sources
- Idaho Code § 15-3-1201
- Idaho Code § 15-3-719 (reasonable compensation; no statutory percentage)
- Idaho Code § 15-3-720 (reasonable compensation; no statutory percentage)
- Idaho Code § 15-3-801
- Idaho Code § 31-3201A; IRCP Appendix A (eff. 7/12/2024)
Data sourced from Idaho statutes and official state code. How we research.
Frequently Asked Questions
Total probate costs usually run 3–8% of the estate value. For Franklin County, that means filing fees ($166 to open), attorney fees, executor compensation, publication costs, and possibly a bond. The calculator on this page runs the math for your estate size.
The petition to open probate costs $166 in Franklin County. Additional filings during administration (inventory, accounting, final petition) can add to the total. The calculator above shows the full picture.
Idaho uses "reasonable fees" — usually hourly billing or a percentage of the estate. Typical range is 2%–4% of estate value, negotiable based on complexity.
Idaho allows "reasonable" executor compensation, typically 1–5% of estate value depending on complexity. Family executors often waive fees because the fee is taxable income while an inheritance is not.
Yes. Idaho estates under $100,000 can use a Small Estate Affidavit and avoid most probate costs. Check the Idaho self-filing assessment to see if this applies.
A revocable living trust skips probate entirely — no filing fee, no attorney schedule, no executor commission. The cost of setting up the trust is typically recovered many times over compared to what probate would cost the estate. Create a revocable trust online and keep the estate out of Franklin County probate.
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
Notify Banks & Financial Institutions
Each institution has a separate death claim process. Find yours below.
Is this your situation?
Get a complete guide for your specific circumstances.
