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Idaho Probate and Estate Forms

Idaho probate is filed with the clerk of the district court in the county where the decedent lived, and heard in that county's magistrate division. The same forum applies in all 44 counties. Unlike many states, the Idaho courts publish no statewide fill-in probate packet: the application, petition, acceptance, inventory and closing statement are drafted to the Idaho Uniform Probate Code, which says what each must contain. The official numbered forms that do exist are the Idaho Transportation Department's vehicle affidavits and the courts' general fee waiver forms.

Idaho Probate Forms by Situation

For vehicles, start at the Idaho Transportation Department Vehicle Titles page and search by the ITD form number (3413 or 3414). For a fee waiver, open the court self-help Miscellaneous Civil Forms page and scroll to Filing Fee Waiver. For probate pleadings there is no statewide form to search for; read the Idaho Code section linked on each row, and ask the clerk of the district court or the county Court Assistance Office whether a local packet exists.

Find Forms By Your Situation

Recommended procedure:

Collection of personal property by affidavit under Idaho Code 15-3-1201. No court filing and no court fee.

Wait 30 days after the death. Real property counts toward the $100,000, but Idaho has no affidavit that transfers real property, so an estate with land usually still needs another route for the land.

Forms you'll need:

Affidavit for Collection of Personal Property (drafted to Idaho Code 15-3-1201(a))

Open the official forms page to download these

Official Resources

For vehicles, start at the Idaho Transportation Department Vehicle Titles page and search by the ITD form number (3413 or 3414). For a fee waiver, open the court self-help Miscellaneous Civil Forms page and scroll to Filing Fee Waiver. For probate pleadings there is no statewide form to search for; read the Idaho Code section linked on each row, and ask the clerk of the district court or the county Court Assistance Office whether a local packet exists.

Idaho Court Assistance Office and Self-Help Center, All Forms

The statewide court self-help forms index. It covers guardianship, conservatorship, family, civil and small claims matters and has no probate category, which is why most rows on this page link a statute rather than a form.

Idaho court self-help, Miscellaneous Civil Forms (Filing Fee Waiver)

Carries the Motion and Affidavit for Fee Waiver (CAO FW 1-9) and the Order on Motion for Fee Waiver (CAO FW 1-10), filed under Idaho Code 31-3220.

Idaho Supreme Court, County Courthouse Directory

Street address, mailing address and phone lines for the courthouse in each of Idaho's 44 counties, where probate is filed with the clerk of the district court.

Idaho Rules of Civil Procedure, Appendix A, Filing Fee Schedule (Effective July 12, 2024)

The court's own fee table: $166 to open a formal or informal probate, $130 for summary administration of small estates, $25 for a petition for distribution and $9 for an accounting or a demand for notice.

Idaho court self-help, Guardianship and Conservatorship forms

Court forms for guardianships and conservatorships, which are separate proceedings from a decedent's estate.

Idaho Transportation Department, Vehicle Titles

Lists ITD 3414 Affidavit of Inheritance and ITD 3413 Small Estate Affidavit, the two official forms for moving a deceased owner's vehicle without a court case, plus the title fee tables.

Idaho Department of Health and Welfare, ordering a death certificate

How to order certified death certificates, which almost every form on this page needs attached. $16 per certified copy.

Important Notes

  • -Idaho probate is filed in the DISTRICT COURT in all 44 counties and heard in the county's magistrate division. Idaho Code 15-1-201(8) names the district court as the probate court, Idaho Code 1-2201 establishes a magistrate division in each county, and Idaho Code 1-2208 lets probate be assigned to magistrates. Filing is with the clerk of the district court, the elected county clerk (Idaho Code 31-2001).
  • -The Idaho courts publish NO statewide probate form. The court self-help forms index has no probate category. Every pleading and estate document is drafted to the Idaho Code section that prescribes it. A number shown for an Idaho probate pleading anywhere else is not an Idaho court form number.
  • -The fee to open a formal or informal probate is $166.00 statewide under IRCP Appendix A (Effective July 12, 2024), not the $120 base in Idaho Code 31-3201A: the court total adds the statutory surcharges. Summary administration of small estates is $130.00, a petition for distribution $25.00, an accounting $9.00 and a demand for notice $9.00.
  • -A small estate affidavit under Idaho Code 15-3-1201 is not filed with the court, so it costs nothing to use.
  • -The official numbered forms in an Idaho estate are the Idaho Transportation Department's ITD 3414 Affidavit of Inheritance, ITD 3413 Small Estate Affidavit and ITD 3337 Application for Certificate of Title, and the court's fee waiver forms CAO FW 1-9 and CAO FW 1-10.
  • -ITD 3413 cites Idaho Code 15-1-201(5) for the definition of successor. In the 15-1-201 in force today, paragraph (5) defines claims and paragraph (50) defines successors. The form's substantive test matches Idaho Code 15-3-1201.
  • -Guardianship and conservatorship forms on the court self-help site belong to a different proceeding. Idaho replaces its guardianship law on January 1, 2027, so check the date on any guardianship form.
  • -Idaho has no real-property transfer-on-death deed. A form sold as an Idaho TOD deed does not match any Idaho statute; 2026 Senate Bill 1399 would have added one and was not enacted.

Sources: Idaho Code § 15-3-301, Informal probate or appointment proceedings, Application, Contents. | Idaho Code § 15-3-402, Formal testacy or appointment proceedings, Petition, Contents.

Not sure which Idaho forms you need?

Answer a few questions to sort the likely filing path before you pick forms or contact the District Court.

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You've seen what probate involves. Here's how to spare your own family.

A few simple steps (naming beneficiaries, a transfer-on-death deed where your state allows it, or a living trust) can keep your estate out of court.

See how to avoid probate in Idaho
How to Use Idaho Probate FormsWhy the filing path comes before the form number

The form finder groups records such as Opening Probate and Appointing a Personal Representative, Small Estate Routes Without Full Probate, Vehicle Title Transfer at the County Assessor's Motor Vehicle Office, Administration and Closing so you can start with the likely procedure rather than one isolated form number.

Use source links such as Idaho Court Assistance Office and Self-Help Center, All Forms, Idaho court self-help, Miscellaneous Civil Forms (Filing Fee Waiver), Idaho Supreme Court, County Courthouse Directory to locate official forms and verify which documents belong in the packet.

Idaho Form Prep ChecksCounty packet rules and the records to gather before filing

Choose the filing path

Common filing paths in this data include Collection of personal property by affidavit under Idaho Code 15-3-1201. No court filing and no court fee., ITD 3414 Affidavit of Inheritance if the owner died without a will, with no creditors and no other property needing probate (Idaho Code 49-514). Otherwise ITD 3413 Small Estate Affidavit if the estate is $100,000 or less., Summary administration under Idaho Code 15-3-1205: a verified petition, notice of hearing, and a decree that works like a formal decree of distribution. There is no administration, but the spouse takes on all of the decedent's debts., Application for informal probate and appointment to the registrar under Idaho Code 15-3-301, with the original will, then the statement of acceptance under Idaho Code 15-3-601.. Match the estate facts to the correct path before preparing forms.

Verify the county packet

Check the county District Court or local filing-office instructions for coversheets, copy rules, appointments, fees, and filing methods.

Pull supporting records first

Collect the original will if one exists, certified death certificates, asset values, deed or title records, heir and beneficiary details, and creditor information before filling out the packet.

Frequently Asked Questions

Where can I get Idaho probate forms?
Start with Idaho Court Assistance Office and Self-Help Center, All Forms, Idaho court self-help, Miscellaneous Civil Forms (Filing Fee Waiver), Idaho Supreme Court, County Courthouse Directory. Then verify local county instructions before you file, because packet rules, copy requirements, fees, and filing methods can vary.
How do I know which Idaho probate form I need?
Start with the filing path, not the form number. The right packet depends on will status, asset type and value, creditor issues, heirs or beneficiaries, and whether a simplified procedure fits.
Can I file Idaho probate forms without an attorney?
Some paths may allow self-filing, but the answer still depends on the estate, the county office, disputes, real estate, creditors, and tax facts. Verify the county rules and get legal help when rights or strategy are unclear.
What should I gather before filling out Idaho probate forms?
Gather the original will if one exists, certified death certificates, asset and debt lists, deed or title records, beneficiary records, and names and addresses for heirs or beneficiaries.
Idaho Official Forms and SourcesOfficial references used for this page

Information current as of September 24, 2026

Settled Estate is not a law firm, and this content is for informational purposes only and does not constitute legal advice. Probate laws and procedures in Idaho can change. Consult with a qualified attorney for advice specific to your situation. Full disclaimer.

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