How Do I File Probate in Franklin County, Idaho?
A step-by-step guide to filing at the Magistrate Court—what documents you'll need, where to go, and what happens after you file.
If you're handling probate yourself in Franklin County, you can file your documents in person at the Magistrate Court or by mail. While attorneys are required to e-file, families filing without an attorney are exempt and can use paper forms.
Your Filing Options
How to File Your Documents
Paper Filing Available
You can file your probate documents in person or by mail. While attorneys are required to e-file in Franklin County, families handling probate themselves are exempt and can file on paper.
E-Filing Also Available
If you prefer, you can file electronically through the state's online system. This is optional for families filing without an attorney.
View E-Filing InformationPaper Filing Required For
- •Original wills (must also file conventionally within 7 days)
Can You File Without an Attorney?
Not every estate requires an attorney. Factors like estate size, asset types, and whether beneficiaries agree can determine if self-filing at the Magistrate Court is realistic for your situation.
For a detailed cost comparison and filing checklist, see the full Franklin County Self-Filing Assessment.
In-Person Filing
The Magistrate Court is located at 39 West Oneida Street, Preston, ID 83263. Phone: 208-852-0877. Hours: Monday - Friday, 9:00 AM - 5:00 PM.
What to Bring
Filing probate at the Magistrate Court requires the original will (if one exists), a certified death certificate, and information about heirs and beneficiaries. The court also requires details about estate assets and known debts.
Court Resources
Additional resources, forms, and fee schedules are available on the Magistrate Court website.
Frequently Asked Questions
You open probate by filing a petition with the Magistrate Court in Franklin County, attaching the original will (if any), the death certificate, and the filing fee ($166). Once the court issues letters, the personal representative can act.
At minimum: petition for probate, application for letters testamentary or of administration, notice to heirs, and an oath for the personal representative. Franklin County uses the standard Idaho probate forms — the court's website lists the current versions.
Idaho allows informal (unsupervised) probate, which many families handle themselves for simple estates. The Magistrate Court in Franklin County does not require attorney representation. Use the Idaho self-filing assessment to see if your estate qualifies.
Yes. The Magistrate Court in Franklin County accepts e-filing through the state portal. In-person filing at the courthouse is still available for those without digital access.
Assets stay locked, creditors can still pursue them, and beneficiaries cannot sell real property or close accounts. After a few years, interested parties can petition to open probate themselves. Waiting rarely helps. Families who set up a revocable living trust ahead of time bypass this problem entirely.
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.
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