Idaho Probate Cost: One Flat $166 Court Fee in All 44 Counties
Settled Estate lists court filing fees and timelines for 7 Idaho probate procedures. The cheapest published route starts at $166 for open formal or informal probate. Last verified September 2026.
Idaho prices probate with a single statewide court fee that does not move with the size of the estate. The trap is the statute: it prints several dollar amounts, and only the schedule's total is what the clerk collects.
Opening a formal or informal Idaho probate costs $166. That is the total on the Idaho Rules of Civil Procedure Appendix A fee schedule (effective July 12, 2024) for a petition for formal probate or an application for informal probate in the magistrate division, and it is built from four statutes: $120 under Idaho Code § 31-3201A(1), $26 under § 1-2003(1), $10 under § 73-213, and the $10 civil-case administrative surcharge in § 31-3201(3). The smaller amounts written inside § 31-3201A(1), such as $23 and $80, are how the $120 is split among state and county funds, not extra fees. Quoting $120 or $156 as the Idaho probate filing fee understates the bill.
The fee is the same whatever the estate is worth. Idaho has no probate tax, no value-based fee, and no estate, inheritance or gift tax, so an $80,000 estate and a $3,000,000 estate pay the same $166 to open. Summary administration of small estates is $130 on the same schedule, and the small estate affidavit under § 15-3-1201 costs nothing in court fees because it is never filed.
Idaho sets no percentage for the personal representative or the estate attorney. Idaho Code § 15-3-719 entitles the personal representative to reasonable compensation, and § 15-3-721 lets the court review the reasonableness of that compensation and of anyone the estate employs, including an attorney, and order a refund of anything excessive. No dollar figure is estimated here for either role.
Quick Summary
- Open formal or informal probate
- $166Flat in all 44 counties (Idaho Rules of Civil Procedure, Appendix A)
- Summary administration of small estates
- $130Appendix A, category D
- Small estate affidavit
- $0Never filed. Estate of $100,000 or less, net of liens (Idaho Code § 15-3-1201)
- Executor and attorney fees
- No scheduleReasonable compensation, reviewable by the court (Idaho Code §§ 15-3-719 and 15-3-721)
There is no cheaper Idaho county. The court fee schedule is statewide, every county hears probate in the district court's magistrate division, and Idaho counties impose no local probate tax or local probate filing fee. Recording fees at the county recorder are also set statewide by Idaho Code § 31-3205. The one genuinely local cost is the newspaper that prints a notice to creditors, if the personal representative chooses to publish.
Typical Total Cost Ranges
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| Procedure | Estate Size | Court Fee | Timeline | Attorney? | Best For |
|---|---|---|---|---|---|
| Informal Probate and Appointment | Any estate. The fee does not depend on value | $166 ($120 under Idaho Code § 31-3201A(1), $26 under § 1-2003(1), $10 under § 73-213, $10 surcharge under § 31-3201(3)) | Commonly 7 to 12 months; closing no earlier than six months after appointment | No statutory requirement | An uncontested estate that needs letters, or one with real estate to pass |
| Formal Testacy and Appointment | Any estate | $166, the same as informal probate | Commonly 9 to 18 months for a contested or court-supervised matter | No statutory requirement, and rare without one | A disputed will, uncertain heirs, or a family that wants a court order |
| Summary Administration of Small Estates | No dollar figure. The estate, less liens, must not exceed the homestead allowance, exempt property, administration costs, funeral expenses and last-illness medical bills (Idaho Code § 15-3-1203) | $130 (Appendix A, category D) | Commonly 3 to 6 months; still needs an appointment and an inventory | No statutory requirement | An estate the allowances, funeral and last-illness bills would use up |
| Surviving Spouse as Sole Beneficiary | Any value. The surviving spouse must be the sole devisee or heir (Idaho Code § 15-3-1205) | $130 to $166. The schedule does not say which row applies; confirm with the clerk | Commonly 1 to 3 months, driven by notice and the hearing date | No statutory requirement | A spouse who inherits everything and accepts liability for the debts |
| Small Estate Affidavit | Entire probate estate, wherever located, net of liens and encumbrances, of $100,000 or less (Idaho Code § 15-3-1201) | $0. It is presented to the holder of the property and never filed | Usable thirty days after the death | No | Accounts, wages, vehicles and belongings, with no land to pass |
| Later Filings in an Open Estate | Any estate already open | $25 petition for distribution (Idaho Code § 31-3201A(6)); $9 accounting (§ 31-3201A(5)); $9 demand for notice; $14 petition to approve a compromise; $27 to file a foreign personal representative's appointment | On filing | No | An administration that needs a further petition or files an account |
| First Appearance by Someone Other Than the Petitioner | Any estate | $136 (Appendix A, category I.1); the $100 in Idaho Code § 31-3201A(4) is the statutory base only | On filing | No statutory requirement | An objector or other party joining an open case |
Additional Costs to Expect
Opening an Idaho Estate
The $166 is the Appendix A total for a petition for formal probate or an application for informal probate in the magistrate division, the same in every county. Summary administration of small estates is $130: Idaho Code §§ 1-2003(1) and 73-213 each exempt the summary administration procedure for small estates from their fees, which matches the $26 and $10 columns being empty on that row, though the schedule does not name its statutes column by column.
Executor Compensation, Which Idaho Does Not Schedule
Idaho Code § 15-3-719 entitles a personal representative to reasonable compensation for services. If the will provides for compensation and there is no contract with the decedent about it, the personal representative may renounce the provision before qualifying and take reasonable compensation instead, and may renounce all or part of the compensation by a written renunciation filed with the court. Under § 15-3-721 the court may review the reasonableness of the compensation the personal representative set for his or her own services and order a refund of anything excessive.
Attorney Fees, Under the Same Review
Idaho fixes no attorney-fee percentage for probate. After notice to all interested persons, on petition of an interested person, or on motion in supervised administration, the court may review the propriety of employing any person, including an attorney, auditor or investment advisor, and the reasonableness of that person's compensation (Idaho Code § 15-3-721). A personal representative who defends or prosecutes a proceeding in good faith, successful or not, is entitled to necessary expenses and disbursements, including reasonable attorney's fees, from the estate (§ 15-3-720). Ask for a written fee agreement.
Certified Death Certificates
IDAPA 16.02.08.251.01 sets $16 per certified copy of a death certificate, including the $1 coroner training and education fund fee under Idaho Code § 39-252(2). A search with no record found also costs $16. Section 39-252(1) still prints $13.00 but delegates later fee changes to board rule, so $16 is the current figure. Copies come from the Idaho Department of Health and Welfare.
Recording With the County Recorder
Idaho Code § 31-3205(1)(b) sets flat recording fees for an instrument of 30 pages or less, plus $3 for each page beyond 30: $15 for a deed or other transfer of title to real property, $45 for a trust deed or mortgage, $15 for a reconveyance or release, and $25 for a power of attorney. Any other instrument is $10 for the first page and $3 for each additional page. The county clerk is the recorder in every Idaho county.
Certified Court Copies
Idaho Code § 31-3201(1) sets the clerk's fees at $1.00 per page for a copy and an additional $1.00 for the certificate and seal, so a one-page certified copy of letters is $2.00. Section 31-3201A(13) lets the Idaho Supreme Court set other fees by rule or order, so confirm with the clerk.
Publishing a Notice to Creditors
Under Idaho Code § 15-3-801 the personal representative may publish a notice to creditors once a week for three successive weeks in a newspaper of general circulation in the county. Publishing starts a four-month claim bar; skipping it leaves pre-death claims open for up to three years after the death under § 15-3-803. Section 60-105(2) sets rates for official notices required by law to be published, and because this notice is optional, whether that rate binds it is not stated. No total is estimated here.
The Personal Representative's Bond
Bond is not required in informal proceedings except for a special administrator, where the will expressly requires it, or on a written demand by a person with an interest over $1,000 or a creditor with a claim over $1,000 (Idaho Code §§ 15-3-603 and 15-3-605). A domestic bank or trust company never needs bond. A demand for bond costs nothing to file before a personal representative is appointed and $9 after.
The Small Estate Affidavit
Idaho Code § 15-3-1201 works without a court, so no filing fee attaches. The successor presents the affidavit to whoever holds the property after the thirty-day wait. Expect a notary fee for signing it. If the estate includes land, the affidavit cannot transfer it, so budget for a probate or another court route for the land even when the total is under $100,000.
Guardianship and Conservatorship, a Separate Case
A guardianship or conservatorship is a different case from the estate. Idaho Code § 31-3201G(1) adds $50 to open one, $41 for each conservator report and $25 for each guardian report, on top of the ordinary filing fees; Appendix A totals the opening at $216, and $262 for a joint guardianship and conservatorship with different petitioners.
Taxes
The Idaho State Tax Commission says Idaho has no gift tax or inheritance tax, and its estate tax for deaths expired in 2004. Idaho counties impose no local probate tax. The estate may still owe Idaho fiduciary income tax on its own income.
One more cost source to check: if the person who died received Medicaid long-term care benefits, the state may file a recovery claim against the estate. The Idaho Medicaid estate recovery guide explains when that applies.