Probate in Franklin County runs through the Magistrate Court: prove the will, settle the debts, and pass the house to the heirs. Here is how the local process works—and what each step actually costs.
When someone dies in Franklin County, settling their estate runs through the Magistrate Court. This page covers the court record, whether probate is required, what it costs, how to file, transferring property, and the local attorneys who handle probate here.
Probate Court Record
Franklin County · 6th Judicial District
Address
Phone
Fax
Hours
The 6th Judicial District includes Bannock, Bear Lake, Caribou, Franklin, Oneida, and Power counties.
Verified July 3, 2026 · Source
Probate is the court-supervised process of settling someone's estate after they die — validating the will, paying debts and taxes, and transferring what's left to the heirs. In Franklin County, probate runs through the Magistrate Court at 39 West Oneida Street, Preston. The court sits in the 6th Judicial District. Franklin County shares the 6th Judicial District with Bannock, Bear Lake, Caribou, Oneida and Power.
The personal representative opens the case, gives notice to heirs and creditors, files an inventory of the estate's assets, settles outstanding debts and taxes, and then distributes the remainder under the will — or under Idaho intestacy law when there is no will.
Most Idaho estates take 6 months to 12 months to move through this process. The 4 monthsIdaho Code § 15-3-801Verified Sep 8, 2026View source creditor claim window is the largest fixed piece of that timeline — a mandatory wait regardless of how simple the estate is.
What probate costs in Franklin County, Idaho comes down to a handful of line items — the court filing fee, attorney and executor compensation, publication, and sometimes a bond — scaled by the estate's size and whether the will is contested. The case itself runs through the Magistrate Court at 39 West Oneida Street, Preston. The court is part of the 6th Judicial District.
Franklin County runs a probate self-help center (Monday - Friday, 10:00 AM - 4:00 PM or by appointment), which is the single biggest cost-saver for families who can self-file. Staff can walk you through the paperwork and explain procedures, though they cannot give legal advice on your specific case. Call 208-852-1090.
Idaho charges $166IRCP Appendix A, Category A (eff. 7/12/2024); Idaho Code § 31-3201A(1) — api.isc.idaho.gov/uploads/Rules_PDFs/1775633983169-Appendix-A-Civil-Case-Filing-Fees-071224.pdf (Verified 2026-09-08)Verified Sep 8, 2026View source to open probate, the same in every county. Additional filings during administration — inventory, accounting, the final petition — add to the total.
The Magistrate Court accepts e-filing (https://isc.idaho.gov/irefs). Paper filing remains available for self-represented filers.
Estimate the costs for this estate:
Attorney fees in Idaho are negotiated, typically 1.8%Idaho Code § 15-3-721 (court reviews reasonableness of attorney compensation; no statutory percentage) — see also § 15-3-720 (reasonable attorney fees in estate litigation)Verified Sep 8, 2026View source to 2.8%Idaho Code § 15-3-721 (court reviews reasonableness of attorney compensation; no statutory percentage) — see also § 15-3-720 (reasonable attorney fees in estate litigation)Verified Sep 8, 2026View source of estate value. Flat-fee arrangements are common for straightforward estates.
Executor compensation is based on reasonable pay for time and effort — the states that do set a schedule pay 2.2%Estimated from the 16 state statutes that set an executor fee schedule (median and interquartile range at this estate value)Verified Sep 8, 2026View source to 3.8%Estimated from the 16 state statutes that set an executor fee schedule (median and interquartile range at this estate value)Verified Sep 8, 2026View source of estate value. Family members who are also beneficiaries often waive the fee — executor pay is taxable income while inheritances are not.
Idaho requires publishing creditor notice in a local newspaper, typically $200–$500. Professional appraisals for real estate or business interests add $300–$600 per asset.
Probate in Idaho typically runs 6 months to 12 months, and costs accrue throughout that period.
Probate documents in Franklin County can be filed in person at the Magistrate Court, by mail, or electronically. Most families handling probate themselves prefer paper filing, though e-filing is available. The court sits in the 6th Judicial District.
How to File Your Documents
You can file your probate documents in person at the court or by mail.
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
Not every estate requires an attorney. Estate size, asset types, and whether beneficiaries agree determine if self-filing at the Magistrate Court is realistic. Franklin County has a self-help center that assists people filing without an attorney.
For a full cost comparison and filing checklist, see the Franklin County Self-Filing Assessment.
To file at the Magistrate Court you need: the original will (or proof there isn't one), a certified death certificate, contact information for all heirs and beneficiaries, and a summary of what the estate owns and owes.
Clearing title to real estate after a death, whether by a personal representative’s deed, an affidavit of survivorship, or a court order, happens at the County Recorder.
Deeds and other real property documents for Franklin County are recorded with the County Recorder at 39 West Oneida Street, Preston, ID 83263. Phone: 208-852-1092. Hours: Monday - Friday 9:00 AM - 5:00 PM.
The County Recorder charges $15 for the first 30 pages plus $3 for each page beyond 30.
Recording Office Record
Franklin County
Address
Phone
Fax
Hours
Recording fees
| Base fee (first 30 pages) | $15 |
| Each page beyond 30 | $3 |
Idaho Code 31-3205 (recorder's fees). Deeds, grants and transfers of title to real property of 30 pages or fewer: $15.00 flat. All other instruments: $10.00 first page + $3.00 each additional page.
Verified September 4, 2026 · Source
Idaho allows informal probate, so many families settle straightforward estates in Franklin County without hiring an attorney. A probate attorney earns the fee when the estate is contested, includes a business or out-of-state real estate, has unclear or insolvent debts, or when beneficiaries disagree.
Probate attorney fees in Idaho are based on reasonable compensation — typically 1.8%Idaho Code § 15-3-721 (court reviews reasonableness of attorney compensation; no statutory percentage) — see also § 15-3-720 (reasonable attorney fees in estate litigation)Verified Sep 8, 2026View source to 2.8%Idaho Code § 15-3-721 (court reviews reasonableness of attorney compensation; no statutory percentage) — see also § 15-3-720 (reasonable attorney fees in estate litigation)Verified Sep 8, 2026View source of the estate's value, billed hourly or as a flat fee. Ask a Franklin County firm to quote a structure up front.
A probate attorney files the petition with the Magistrate Court, publishes the required creditor notices, prepares the inventory and accounting, handles creditor claims and tax filings, and guides the final distribution. They represent the personal representative — not the beneficiaries — a distinction that matters if a dispute develops.
FirmPreston, ID
Preston-based firm with attorneys licensed in Idaho and Utah, serving Preston, Cache Valley, and communities throughout Southeast Idaho. Practice covers wills, trusts, estate planning and administration, business law, and real estate. Decades of combined experience.
PracticesEstate PlanningProbate AdministrationWills Trusts
FirmMeridian, ID
Multi-office Idaho firm serving Southern Idaho with estate planning, asset protection, wills, trusts, living trusts, powers of attorney, and advanced healthcare directives. John O. Avery is admitted to the Bar of the United States Supreme Court.
PracticesEstate PlanningTrust AdministrationWills Trusts
FirmIdaho Falls, ID
Idaho Falls firm operating across Eastern Idaho since 1963, with offices in Rexburg, Pocatello, and Victor. Its estate planning team handles wills, trusts, probate, trust administration, guardianship matters, and estate tax planning for Bonneville, Madison, Jefferson, Bannock, and Teton county families.
PracticesEstate PlanningTrust AdministrationTax PlanningConservatorshipand 3 more
FirmIdaho Falls, ID
Specializes in estate planning for families including those with special needs children. Uses a trademarked "Collaborative Legal Planning Process." Virtual meetings available statewide; serves families in Boise, Meridian, Eagle, Caldwell, Twin Falls, Coeur d'Alene, Pocatello, and more.
PracticesEstate PlanningTrust AdministrationConservatorshipGuardianshipand 2 more
FirmBoise, ID
Handles probate estate legal matters throughout Idaho. Most probates handled on a flat fee basis. Serves Nampa, Caldwell, Meridian, Boise, Kuna, Emmett, Twin Falls, Pocatello, Coeur d'Alene, Idaho Falls, Lewiston, and more.
PracticesEstate PlanningTrust AdministrationProbate Administration
FirmPocatello, ID
Pocatello firm serving Southeast Idaho since 1940. Handles estate planning, wills, trusts, probate, elder law, and Medicaid planning; its estate planning team carries 75+ years of combined experience, including two attorneys with advanced tax-law training.
PracticesEstate PlanningElder LawMedicaid PlanningProbate AdministrationWills Trusts
Firm listings are for informational purposes only. SimplyTrust does not endorse or recommend any specific firm or attorney. Contact firms directly to verify their current practice areas and availability.
Data sourced from Idaho statutes and official state code. How we research.
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Probate fee bases vary by state and may use gross estate, personal property, inventory value, or net property after debts. This calculator provides educational estimates only and does not constitute legal or financial advice. Actual costs vary significantly by county, attorney, and estate complexity. Consult a licensed attorney in your state for guidance specific to your situation.
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Step-by-step tools for families in Franklin County, Idaho.
Get a personalized plan for settling an estate after someone passes away. Covers trust administration, probate, and intestate estates.
Get a personalized plan for settling a trust after the grantor passes away. Covers beneficiary notification, asset transfers, creditor handling, taxes, and distributions.
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