Idaho Probate Guide
County-specific probate filing-office contacts, filing fees, required forms, and step-by-step guidance for families settling an estate in Idaho.
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Types of Probate in Idaho
Idaho runs probate in the district court of each of its 44 counties, heard in the court's magistrate division, so there is no separate probate court to find. What changes is the route, not the courthouse. The Idaho Code § 15-3-1201 affidavit stays out of court entirely: thirty days after the death, a successor collects personal property from whoever holds it where the whole probate estate, wherever located, is worth $100,000 or less after liens. A house counts toward that $100,000 but cannot pass through the affidavit. Inside the court sit informal probate before the registrar, formal testacy proceedings before a judge, the §§ 15-3-1203 and 15-3-1204 summary procedure for an estate no larger than the allowances and expenses it owes, and a § 15-3-1205 petition where a surviving spouse is the sole heir or devisee. Opening a formal or informal probate costs $166 in every county.
See the full comparison of Idaho probate typesWhich procedures exist, who qualifies, and how the timelines compare.Find your county
Idaho Probate Filing Offices by County
Choose your county to get its probate court contacts, filing fees, and required forms. 44 counties have detailed data.
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Browse Idaho guide topics
Jump to court, executor, tax, planning, property, and probate-avoidance guides that match your next task.
Browse Idaho guide topics
Jump to court, executor, tax, planning, property, and probate-avoidance guides that match your next task.
Forms & Court
1Executor Duties
6Taxes & Deadlines
7Planning Documents
5Property Transfer
3Idaho Probate Self-Help and Online Resources
Idaho probate resource map by source type
State court, form, statute, agency, and self-help sources for general probate and estate-settlement questions.
County court, clerk, register, or filing-office pages for local probate divisions, filing paths, local forms, fee references, and courthouse-specific resources.
Referral paths for finding certified lawyer-referral services when a family wants help locating counsel.
All Idaho self-help resources (16 links)Official court, form, law-library, referral, and legal-education links, plus how to use each source
Idaho probate source navigation starts with state court, form, agency, legal-help, or referral links that are already tracked in Settled state data. These links are state-level starting points, not county-specific filing instructions.
Which Idaho probate source should you use?
- Start with the state court, form, or self-help source for general Idaho probate context.
- Use county filing-office, clerk, register, or court pages for local filing locations, local forms, fee schedules, and records portals.
- Use legal-help, law-library, or referral links as research or referral paths, not as a substitute for counsel.
- Verify current filing steps with the county office, court, clerk, register, legal-aid source, or counsel before filing.
Statewide process, forms, and code sources
State court, form, statute, agency, and self-help sources for general probate and estate-settlement questions.
- Idaho Court Assistance Office and Self-Help Center
The Idaho courts' self-help service, with Court Assistance Offices in all 44 counties. Its forms library has no probate category, because Idaho publishes no statewide probate forms, so it is a place to ask about procedure and fee waivers rather than a source of estate forms.
- Idaho Volunteer Lawyers Program (Idaho Law Foundation)
Free civil legal assistance for low-income Idahoans through volunteer attorneys, including advice clinics and a periodic simple wills clinic. Applicants are screened by phone and the program is not an emergency service.
- Idaho court self-help, Miscellaneous Civil Forms (Filing Fee Waiver)
The Motion and Affidavit for Fee Waiver (CAO FW 1-9) and the Order on Motion for Fee Waiver (CAO FW 1-10), usable in any civil proceeding in the district court including its magistrate division under Idaho Code 31-3220.
- Idaho court self-help, Guardianship and Conservatorship forms
The court's own forms for guardianship and conservatorship. Idaho's guardianship law changes on January 1, 2027 under 2026 Session Laws chapter 79, so check the effective date printed on any form.
- Idaho Transportation Department, Vehicle Titles
ITD's title page, listing the two deceased-owner forms: ITD 3414 Affidavit of Inheritance (no dollar cap, but only for an owner who died without a will, with no creditors and nothing else needing probate) and ITD 3413 Small Estate Affidavit ($100,000 after liens, 30 days after the death). The state title fee is $14.00.
- ITD 3413, Small Estate Affidavit
The vehicle form for the Idaho Code 15-3-1201 affidavit, revision 10/24. It restates the statute's conditions and is attached to the title application.
- ITD 3414, Affidavit of Inheritance
The vehicle form for the Idaho Code 49-514 heirship route, revision 12/24. It is unavailable when there is a will.
- Idaho Transportation Department, DMV Locations
ITD's official office locator. Title work is done at the assessor's motor vehicle offices acting as ITD's agents under Idaho Code 49-205(1).
- Idaho Department of Health and Welfare, ordering a death certificate
Certified death certificates come only from the state Bureau of Vital Records and Health Statistics, online through VitalChek or by mail; there is no public counter. Each copy is $16.00 under IDAPA 16.02.08.251.01.
- Idaho Department of Health and Welfare, Processing Times and Fees
The bureau's current turnaround: about 3 to 5 weeks for a standard order and 2 to 3 weeks with the $10 RUSH option, plus the VitalChek fees.
- Idaho Department of Health and Welfare, Medicaid and Health
The Medicaid program that recovers from an estate under Idaho Code 56-218. Idaho is an expanded-recovery state, so property passed through joint tenancy, survivorship or a living trust is within reach, and the notice to creditors must also go to the Medicaid director.
- Idaho State Tax Commission, Estates and Taxes
The Tax Commission's own statement that Idaho has no gift tax or inheritance tax and that its estate tax for deaths expired in 2004.
- Idaho State Tax Commission, Form 66, Fiduciary Income Tax Return
The estate's Idaho income tax return, required when an estate has $600 or more of gross income (Idaho Code 63-3030).
County filing-office sources
County court, clerk, register, or filing-office pages for local probate divisions, filing paths, local forms, fee references, and courthouse-specific resources.
- Idaho Supreme Court, County Courthouse Directory
Street address, mailing box and labelled phone lines for the district court in all 44 counties on one page. Probate is heard in the magistrate division of the district court in the county where the decedent was domiciled, and the Clerk of the District Court is the office that takes the filing.
- Idaho Rules of Civil Procedure, Appendix A, Filing Fee Schedule (effective July 12, 2024)
The statewide fee schedule. It prints $166.00 to open a formal or informal probate in the magistrate division and $130.00 for summary administration of a small estate, the same in every Idaho county.
Referral-navigation sources
Referral paths for finding certified lawyer-referral services when a family wants help locating counsel.
- Idaho State Bar, Lawyer Referral Service
The Idaho State Bar's referral service: a $35 referral fee and up to a half-hour initial consultation with the referred lawyer at no further fee. A referral is not advice and does not decide whether an estate needs a court proceeding.
Settled pairs these Idaho source links with county pages, forms, first-step guides, transfer guides, and source notes so families can move from statewide context to the local office that handles the estate.
Idaho Estate Law Overview
Idaho Estate Tax Info
Idaho has no estate tax, no inheritance tax, no gift tax and no probate tax.
Federal estate tax info
Federal estate tax only applies to estates exceeding $15,000,000 (2026).
Who Inherits Without a Will?
Intestate succession decides who inherits the probate property of a person who died domiciled in Idaho without a valid will, or the part of an estate a will did not dispose of (Idaho Code 15-2-101).
View order of inheritance (no spouse)
Idaho Homestead Protection
Idaho's homestead protection is a creditor exemption of up to $175,000 of net value in the owner's principal home, arising automatically when the owner occupies it. It is not a restriction on who may inherit the home and it does not transfer title at death.
Restrictions on leaving homestead in will
With minor children:
No devise restriction. Minor or disabled children take the homestead allowance only if there is no surviving spouse.
Exempt Property
Idaho gives a surviving spouse, or certain children, two protections out of a decedent's estate: a $50,000 homestead allowance and up to $10,000 of exempt tangible personal property. Idaho has NO family allowance.