What to Do After a Death in Franklin County, Idaho
The first weeks after losing someone involve time-sensitive tasks. Here's what to prioritize and what can wait.
After a death in Franklin County, there's a short list of tasks that can't wait—and a longer list that can. Knowing the difference helps you focus on what matters first before engaging with the Magistrate Court.
Certified death certificates are needed at nearly every step—the Magistrate Court, banks, insurance companies, and government agencies all require originals. Ordering extra copies through Franklin County vital records early saves time later.
1. Order Death Certificates
Find out how many death certificates to order:
2. Estate Settlement Checklist
Use this checklist to stay on top of deadlines and required steps:
Once appointed as personal representative, Idaho law requires filing an inventory of estate assets with the Magistrate Court within 90 daysIdaho Code § 15-3-706Verified Apr 14, 2026. The inventory includes identifying and valuing all property owned at the time of death—real estate, bank accounts, investments, vehicles, and personal belongings.
Idaho requires publishing a notice to creditors in a local newspaper. Creditors then have 4 monthsIdaho Code § 15-3-801Verified Apr 14, 2026 to file claims against the estate.
Start by securing the deceased's property—collect mail, lock up valuables, and document everything. Call Social Security at 1-800-772-1213 to report the death and stop benefit payments before overpayments create a debt the estate must repay.
Contact banks and credit card companies immediately to freeze accounts and prevent unauthorized transactions.
When you're ready to start the probate process, contact the Magistrate Court at 208-852-0877 to confirm what documents you'll need. You can file in person or by mail—families handling probate themselves don't need to use e-filing.
Life insurance proceeds pass directly to named beneficiaries—no probate required. File claims early, as these funds can help cover immediate estate expenses while the probate process is underway.
An attorney is most valuable when there are contested claims, disputes between beneficiaries, or complex assets like businesses or out-of-state property that complicate the process.
Attorney fees in Idaho 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, with many Preston-area attorneys offering flat-rate arrangements for straightforward estates without disputes.
Professional help is especially worthwhile when the estate triggers Idaho estate tax requirements, involves procedures the executor hasn't navigated before, or raises liability concerns.
Legal Sources
- Idaho Code § 15-3-706
- Idaho Code § 15-3-720 (reasonable compensation; no statutory percentage)
- Idaho Code § 15-3-801
Data sourced from Idaho statutes and official state code. How we research.
Frequently Asked Questions
Before anything court-related, handle three things: get the doctor or coroner to sign the death certificate, secure the home and any valuables, and locate the will. Only then does probate planning make sense.
Plan on 8–12 certified copies. Each financial institution, title company, insurer, and the Franklin County probate court will ask for an original. Ordering too few is the most common delay families run into. Use the Idaho death certificate calculator for a personalized count.
Idaho does not set a strict filing deadline for opening probate, but delay has costs: the creditor claim period is 4 months, assets stay frozen until probate opens, and some banks refuse to act without letters. Most families file within 30–60 days.
Funeral homes typically report the death to Social Security. Bank and brokerage notifications are on the executor — accounts freeze on notification, so timing matters. The Idaho estate settlement checklist walks through the order.
Yes. A revocable living trust keeps the estate out of Franklin County probate entirely — no filing, no hearings, no public record. Families who plan ahead settle in weeks instead of months. Create a revocable trust online before the next generation has to go through what you're handling now.
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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