What to Do When Someone Dies in Owyhee County, Idaho

Probate in Owyhee 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 Owyhee 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

Magistrate Court

Owyhee County · 3rd Judicial District

Address

20381 State Highway 78Murphy, ID 83650

Fax

208-495-1173

Hours

Monday - Friday, 8:30 AM - 5:00 PM
Visit court website →
Paper filing availableE-filing optionalSelf-filing allowed

Accepted paymentCash, Check, Credit card, Debit card. The county courts page lists accepted payment as cash, checks, and debit or credit card (credit/debit adds a 3.5% fee), with in-person, phone (208-495-2806), online iCourt portal, and mail options.

Departments

  • Court Clerk208-495-2806
  • Homedale Magistrate Court208-337-4540Mailing address: PO Box 2026, Homedale, ID 83628. Closed Tuesdays.

Mailing address: PO Box 128, Murphy, ID 83650. The 3rd Judicial District includes Adams, Canyon, Gem, Owyhee, Payette, and Washington counties.

Verified July 3, 2026 · Source

How Probate Works in Owyhee County

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 Owyhee County, probate runs through the Magistrate Court at 20381 State Highway 78, Murphy. The court sits in the 3rd Judicial District. Owyhee County shares the 3rd Judicial District with Adams, Canyon, Gem, Payette and Washington.

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 Owyhee County

What probate costs in Owyhee 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 20381 State Highway 78, Murphy. The court is part of the 3rd Judicial District.

Probate matters are handled through Court Clerk and Homedale Magistrate Court. Filing and payment go through these offices, not the main clerk window.

Local procedures at this court that affect cost: Card payments carry a convenience fee. These are county-specific and not posted on the statewide court site.

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.

How to File Probate at the Magistrate Court

Probate documents in Owyhee 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 3rd Judicial District.

Filings here are routed through Court Clerk and Homedale Magistrate Court. Confirm with the office which intake handles the petition type you're filing.

How to File Your Documents

Paper Filing Available

You can file your probate documents in person at the court or by mail.

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 Information

Paper Filing Required For

  • •Original wills (must also be filed conventionally within 7 business days)

Can You File Without an Attorney?

Not every estate requires an attorney. Estate size, asset types, and whether beneficiaries agree determine if self-filing at the Magistrate Court is realistic.

For a full cost comparison and filing checklist, see the Owyhee County Self-Filing Assessment.

Owyhee County Filing Requirements

These are specific requirements for filing probate in this county. Following these guidelines will help avoid delays or rejected filings.

Court Appearances

Court sessions split between two courthouse locations

Owyhee County holds court at both the Murphy courthouse (20381 State Highway 78) and the Homedale Magistrate Court (130 W Idaho Ave). Magistrate motion days are Tuesdays at 9:00 AM in Murphy and the 1st & 3rd Wednesday of each month at 9:00 AM in Homedale; district court motions are the 2nd & 4th Friday in Murphy. Confirm the assigned location before a hearing.

Source

Before You Go

Accepted payment

Cash, Check, Credit card, Debit card. The county courts page lists accepted payment as cash, checks, and debit or credit card (credit/debit adds a 3.5% fee), with in-person, phone (208-495-2806), online iCourt portal, and mail options.

Hearing schedule

Murphy: magistrate motion days Tuesdays at 9:00 AM, district court motions 2nd & 4th Friday; Homedale: magistrate motion days 1st & 3rd Wednesday at 9:00 AM

What to Bring

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.

Transferring Property in Owyhee County

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 Owyhee County are recorded with the County Recorder at 20381 State Highway 78, Murphy, ID 83650. Phone: 208-495-2421. Hours: Monday - Friday 8:30 AM - 5:00 PM.

Documents submitted by mail go to PO Box 128, Murphy, ID 83650.

The County Recorder charges $15 for the first 30 pages plus $3 for each page beyond 30.

Recording Office Record

County Recorder

Owyhee County

Address

20381 State Highway 78Murphy, ID 83650Mailing: PO Box 128, Murphy, ID 83650

Fax

208-495-1173

Hours

Monday - Friday 8:30 AM - 5:00 PM
Visit recorder website →

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

Probate Attorneys Serving Owyhee County

Idaho allows informal probate, so many families settle straightforward estates in Owyhee 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 Owyhee 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.

FirmBoise, ID

Kershisnik Law, PLLC

Serves 7 counties

Downtown Boise firm with two attorneys who each have 30+ years of experience in probate, estate planning, guardianships, and conservatorships. Offers free consultations.

PracticesEstate PlanningConservatorshipGuardianshipProbate AdministrationWills Trusts

Office
380 S. 4th Street, Suite 102Boise, ID 83702
Free consultation

FirmIdaho Falls, ID

Alan R. Harrison Law, PLLC

Serves the whole state

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

Office
1070 Riverwalk Dr, Suite 100Idaho Falls, ID 83402
Free consultation

FirmBoise, ID

Law Offices of Robert C. Montgomery

Serves the whole state

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

Office
2160 S Twin RapidBoise, ID 83709
Free consultation

FirmPocatello, ID

Racine Olson

Since 1940 · Serves the whole state

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

Office
201 E Center Street, Suite A2Pocatello, ID 83201

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.

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Legal Sources

Data sourced from Idaho statutes and official state code. How we research.