What to Do When Someone Dies in Owyhee County, Idaho

How probate works in Owyhee County: the Magistrate Court record, what the process costs, and how to file there.

Probate Court Record

Owyhee County Magistrate Court

Owyhee County · 3rd Judicial District

Hours

Monday-Friday 8:30 AM-5:00 PM

Office

20381 State Highway 78, Murphy, ID 83650

E-filing

Self-represented filing

Allowed

Self-help forms

E-filing

OptionalAttorneys must e-file through iCourt File and Serve (I.R.E.F.S. Rule 4(a)). Self-represented individuals may e-file or file on paper; one who chooses to e-file continues to e-file for the life of the case unless the court grants a motion to withdraw (Rule 4(b)). An original will is filed both electronically and on paper, the paper filing within seven business days of the electronic one (Rule 5(a)). On paper: Original wills (must also be filed conventionally within 7 business days).

Self-represented filing

AllowedSelf-represented individuals may file a probate case, on paper or through iCourt File and Serve. The Idaho Court Assistance Office publishes probate guidance, including Most Frequently Asked Questions About Probate in Idaho, under Wills & Probate on its publications page.

Hearing schedule

  • Magistrate motion days: Murphy, Tuesdays at 9:00 a.m.; Homedale, the 1st and 3rd Wednesday of each month at 9:00 a.m. District court motions: Murphy, the 2nd and 4th Friday of each month.

Self-help center

  • Canyon County Courthouse, Caldwell1-208-454-7455 · cao@canyoncounty.id.gov · Monday-Friday 9:00 AM-5:00 PMThe 3rd Judicial District Court Assistance Office in Caldwell serves Owyhee County by phone and email and runs form workshops at the Canyon County Courthouse. The Owyhee County Courthouse keeps a limited assistance desk that sells some form packets.

Verified October 15, 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. Creditors have 4 monthsIdaho Code §§ 15-3-801, 15-3-803, 15-3-804, 15-3-805, 15-3-806Verified Oct 18, 2026View source to present a claim, counted from the first publication of the notice to creditors.

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.

Idaho charges $166IRCP Appendix A, Category A (eff. 7/12/2024); Idaho Code § 31-3201A(1)Verified Oct 17, 2026View source to open probate, the same in every county. Additional filings during administration — inventory, accounting, the final petition — add to the total.

Estimate the costs for this estate:

Attorney fees in Idaho are negotiated, typically 1.8%Modeled estimate under 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): the hours the statutory fee schedules imply, at the state's surveyed hourly rateVerified Sep 8, 2026View source to 2.8%Modeled estimate under 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): the hours the statutory fee schedules imply, at the state's surveyed hourly rateVerified Sep 8, 2026View source of estate value. Flat-fee arrangements are common for straightforward estates.

Idaho allows executors 'reasonable compensation' — around 2.2%–3.8% of a $500,000 estate, judging by what the states with statutory schedules payIdaho Code § 15-3-719 (reasonable compensation; no statutory percentage)Verified Sep 8, 2026View source. Family members who are also beneficiaries often waive the fee — executor pay is taxable income while inheritances are not.

Idaho requires publishing notice to creditors in a local newspaper, and the estate pays for it.

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.

Beside the filing office, the court lists separate lines for Courthouse and Homedale Magistrate Court.

The 3rd Judicial District Court Assistance Office in Caldwell serves Owyhee County by phone and email and runs form workshops at the Canyon County Courthouse. The Owyhee County Courthouse keeps a limited assistance desk that sells some form packets.

Can You File Without an Attorney?

Idaho has no statewide fill-in probate petition, so the opening petition is drafted as a legal pleading, and informal probate is availableIdaho Code § 15-3-301Verified Sep 8, 2026View source.

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 sits at two courthouses

Owyhee County holds court at the Murphy courthouse (20381 State Highway 78) and the Homedale courthouse (130 W Idaho Ave). The hearing notice names the location.

Source

What to Bring

Filed with the opening petition at the Magistrate Court: Certified copy of the death certificate (proof of death — I.C. § 15-1-107(a)); Original will and any codicils (filed both electronically and conventionally per I.R.E.F.S. 5); Verified application (informal) or petition (formal) reciting the statutory contents (I.C. §§ 15-3-301, 15-3-402); Acceptance/qualification of the personal representative and statement of informal appointment, or the court order (I.C. § 15-3-103); Renunciations/nominations by persons with higher priority for appointment, if any (I.C. § 15-3-203)Idaho Code §§ 15-3-103 (appointment & letters required), 15-3-301 to 15-3-311 (informal), 15-3-401 to 15-3-414 (formal)Verified Aug 24, 2026View source.

Death Certificates and the Coroner in Owyhee County

In Owyhee County certified copies of the death certificate come from Idaho Bureau of Vital Records and Health Statistics; the Local Registrar files the certificate and issues no copies to the public.

Vital Records Office Record

Idaho Bureau of Vital Records and Health Statistics

Owyhee County · State vital records office

Certified copies

From Idaho Bureau of Vital Records and Health Statistics; the Local Registrar files the certificate and issues no copies to the public

Mail

Idaho Bureau of Vital Records and Health Statistics P.O. Box 83720 Boise, ID 83720-0036

Verified October 15, 2026 · Source

Coroner or Medical Examiner Record

Coroner

Owyhee County · Owyhee County Coroner's Office

Hours

Monday-Friday 8:30 AM-5:00 PM

Office

15 Reich Street, Marsing, ID 83639

Mail and offices

Mail

Owyhee County Coroner's Office P.O. Box 313 Marsing, ID 83639

Fax

1-208-896-5700

Verified November 3, 2026 · Source

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: 1-208-495-2421. Hours: Monday-Friday 8:30 AM-5:00 PM.

Documents submitted by mail go to P.O. 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

Hours

Monday-Friday 8:30 AM-5:00 PM

Office

20381 State Highway 78, Murphy, ID 83650

Mail

P.O. Box 128 Murphy, ID 83650

Fax

1-208-495-1173

Verified October 16, 2026 · Source

Forms that put a death on the title

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, billed hourly or as a flat fee. Ask an 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 PlanningProbateConservatorshipGuardianshipWills 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 AdministrationProbateConservatorshipand 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

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 PlanningProbateElder LawMedicaid PlanningWills 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

Show 4 more sources

Data sourced from Idaho statutes and official state code. Fee percentages are modeled estimates; each figure's note says how. How we research.

Tools for Settling an Estate in Idaho

Free tools for settling an estate in Idaho: whether probate is needed, executor and trustee pay, creditor deadlines and taxes. Run each tool for Idaho.

How Do I Settle an Estate?

Settling an estate in Idaho: the personal representative files the estate inventory within 90 daysIdaho Code §§ 15-3-706, 15-3-707, 15-3-708Verified Sep 15, 2026View source of appointment; creditors have 4 monthsIdaho Code §§ 15-3-801, 15-3-803, 15-3-804, 15-3-805, 15-3-806Verified Oct 18, 2026View source to present claims; a simple estate closes in 4 months to 6 months.

See the Steps

How Do I Settle a Trust?

Settling a trust in Idaho happens outside court: the trustee acts under the state's trust statuteIdaho Code §§ 15-7-101 to 15-7-701 (UPC Trust Administration); Idaho Code §§ 68-104 to 68-113 (Uniform Trustees' Powers Act); Idaho Code § 32-906A (community property in revocable trusts)Verified Oct 17, 2026View source, notifies the beneficiaries within 30 daysIdaho Code §§ 15-7-303, 15-7-307Verified Sep 15, 2026View source, then pays the debts and distributes under the trust's terms.

See the Steps

Can I Self-File Probate?

Idaho has no statewide fill-in probate petition, so the opening petition is drafted as a legal pleading, and informal probate is availableIdaho Code § 15-3-301Verified Sep 8, 2026View source.

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