Idaho Probate Guide | Settled Estate

Idaho probate is the court process that proves a will, appoints a personal representative, settles claims against the estate, and passes what is left to the heirs or devisees. Idaho adopted the Uniform Probate Code as Title 15, and Idaho Code 15-1-101 says the act "shall be known and may be cited as the uniform probate code." The court that hears it is the district court, and the judge who handles a probate file is almost always a magistrate.

Here is why that matters. Most pages about Idaho probate say "file with the probate court in your county." No Idaho court carries that name. Idaho Code 15-1-201(8) defines "Court" as the court with jurisdiction over the affairs of decedents and says "This court in this state is known as the district court." Idaho Code 1-2201 establishes "in each county of the state of Idaho a magistrate division of the district court," and Idaho Code 1-2208(2) lets the administrative judge assign "Proceedings in the probate of wills and administration of estates of decedents" to magistrates. Section 15-1-201(42) then defines the registrar, the official who acts on informal filings, as the "magistrates or judges of the district court."

So the forum question has a one-line answer in all 44 counties: the district court, magistrate division, in the county where the decedent lived. You file with the Clerk of the District Court, who under Idaho Code 31-2001 is also the county auditor and recorder. Look up the address in the district court for your county directory.

Read this page as a map of the process rather than a filing packet. What follows walks the tracks, the small-estate exits, the clocks, the fee, and the closing, in that order.

Idaho Runs Three Tracks

A Uniform Probate Code state lets each estate choose how much court it wants. Idaho offers three levels. They differ in who decides, and the personal representative owes the heirs and devisees the same duties on every one of them.

Informal probate, decided by the registrar

This is the ordinary route for an uncontested Idaho estate, and no hearing is held. The applicant asks the registrar for informal probate of the will, informal appointment of a personal representative, or both.

The waiting period is short. Idaho Code 15-3-302 has the registrar issue a written statement of informal probate "if at least five (5) days have elapsed since the decedent's death," and makes that statement conclusive as to all persons until a formal testacy proceeding supersedes it. Idaho Code 15-3-307(a) lets the registrar appoint the applicant once at least 120 hours have passed since the death. One exception: when the decedent was a nonresident, the registrar waits until 30 days after the death, unless the applicant is the personal representative appointed at the decedent's domicile or the will directs that Idaho law govern the estate.

Idaho asks for little notice at this stage. Idaho Code 15-3-306 requires notice of an application for informal probate only to a person who has filed a demand for notice under 15-3-204 and to any personal representative whose appointment has not been terminated, and then says "No other notice of informal probate is required." The family learns of the case afterward, from the personal representative (see the 30-day duty below).

An informal appointment carries full authority. Section 15-3-307(b) says the status, powers and duties of the office are fully established by it, and that the appointment is not subject to retroactive vacation.

Formal testacy, decided by a judge

Idaho Code 15-3-401 calls a formal testacy proceeding "litigation to determine whether a decedent left a valid will." An interested person starts one by petition, asking the court to probate a will after notice and hearing, to set aside or block an informal probate, or to declare that the decedent died intestate. While it is pending, the registrar may not act on any informal application for the same decedent, and once a personal representative already serving receives notice of it, that personal representative must stop making distributions unless the petition asks the court to confirm the earlier appointment.

This is the route when a will is contested, when the paperwork will not satisfy the registrar, or when someone wants a judge to decide at the start. The Idaho executor duties guide covers what the personal representative does after appointment on either track.

Supervised administration, where the court stays involved

Idaho Code 15-3-501 makes supervised administration "a single in rem proceeding" under the continuing authority of the court, running until an order approves distribution and discharges the personal representative. A supervised personal representative answers to the court as well as to the interested parties. An estate in supervised administration cannot close by the sworn closing statement described at the end of this page.

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Where You File and Who Serves

Idaho Code 15-3-201(a) puts the first proceeding in the county where the decedent was domiciled at death. If the decedent lived outside Idaho, venue lies in any county where the decedent's property was located at death. Later proceedings stay in that court unless it transfers them. An out-of-state decedent who owned Idaho land raises a separate question, which the Idaho ancillary probate guide answers.

Who gets appointed follows a statutory order. Idaho Code 15-3-203(a) ranks the person the probated will names, then a surviving spouse who is a devisee, then other devisees, then the surviving spouse, then other heirs. Forty-five days after the death, any creditor may apply. And under 15-3-203(a)(7), if a petition for appointment has been on file for 60 days with no proper person consenting to act, "the public administrator shall act as personal representative." In Idaho that officer is the county treasurer, whom 31-2001 makes ex officio public administrator. Section 15-3-203(f) disqualifies anyone under 18.

When there is no will, the heirs come from the intestacy statute, and the Idaho intestate succession guide walks through who inherits.

Community Property Changes What the Estate Holds

Idaho is a community property state, and that shapes a married decedent's probate from the first filing. Section 15-1-201(16) defines "Estate" to include "community property of the surviving spouse subject to administration." So the inventory may reach both halves of the marital community, even though the spouse already owns one half.

Intestacy follows the same line. Idaho Code 15-2-102(b)(1) says "The one-half (1/2) of community property which belongs to the decedent passes to the surviving spouse." Separate property splits differently under 15-2-102(a): the spouse takes all of it only when the decedent left no surviving issue and no parent, and one-half when issue or a parent survives. Before anyone talks about shares, sort each asset into community or separate. The Idaho community property at death guide covers how to classify them.

Two Idaho sections turn that sorting into a shortcut:

Surviving-spouse summary administration. Idaho Code 15-3-1205 lets a surviving spouse who is the sole devisee or heir file a verified petition, give notice of hearing under 15-1-401, and obtain a decree that "shall thereafter have the same effect as a formal decree approving or determining distribution." It has no dollar cap. The price is in 15-3-1205(c): the spouse "shall assume and be liable for any and all indebtedness that might be a claim against the estate," and there is no administration of the estate. The petitioner may appear by phone on motion, or by affidavit, instead of in person.
Joint probate of both spouses. Idaho Code 15-3-111 covers the family that never opened the first spouse's estate. If the survivor was entitled to all of the first spouse's property by will, law, or both, and died before any probate started for the first spouse, both estates may be joined in a single proceeding in a court with jurisdiction over the second estate. The three-year limit of 15-3-108 runs only from the second death, and the first filing must state the facts that support the joint proceeding.

Three Small-Estate Exits, One Dollar Figure

Idaho has three statutes that avoid a full administration, and only one of them carries a number. Calling Idaho "a $100,000 state" hides the other two.

The affidavit. Idaho Code 15-3-1201(a) requires anyone holding the decedent's money or tangible personal property to pay or deliver it to a successor who presents an affidavit, 30 days after the death, stating four things: the fair market value of "the entire estate of the decedent which is subject to probate, wherever located, less liens and encumbrances," does not exceed $100,000; 30 days have passed; no petition for a personal representative or for summary administration is pending or granted anywhere; and the successor is entitled to the property. Read the measure closely. It counts the whole probate estate at fair market value, land included, net of liens. The affidavit then moves only personal property, and Idaho has no matching affidavit for real estate, so an estate under the figure that owns a house can collect the accounts this way and still need another route for the land. The $100,000 small estate affidavit guide works through both halves.

Summary administration. Idaho Code 15-3-1203 has no dollar figure. If the inventory shows that the entire estate, less liens, does not exceed the homestead allowance, exempt property, costs of administration, reasonable funeral expenses, and last-illness medical and hospital expenses, the personal representative may distribute at once "without giving notice to creditors" and close under 15-3-1204. This is a fast way to close an estate. A personal representative has already been appointed first.

The spouse's route. Section 15-3-1205, above, covers the estate where the surviving spouse takes everything.

One Idaho detail belongs on the checklist for any of these: the allowances are not automatic. Idaho Code 15-2-405 says "the homestead allowance and exempt property are not mandatory or automatic, but rather must be applied for," on the same timetable as creditor claims under 15-3-801, 15-3-803 and 15-3-804. A spouse or child who waits past the claims period can lose them.

The Clocks

Task	Deadline	Clock starts at	Source
Registrar may issue informal probate	5 days	Date of death	15-3-302
Registrar may make an informal appointment	120 hours	Date of death	15-3-307(a)
Appointment delayed for a nonresident decedent	30 days	Date of death	15-3-307(a)
Small estate affidavit may be presented	30 days	Date of death	15-3-1201(a)
Any creditor may seek appointment	45 days	Date of death	15-3-203(a)(6)
Public administrator acts if no one consents	60 days	Filing of the appointment petition	15-3-203(a)(7)
Information to heirs and devisees	30 days	Appointment	15-3-705
Inventory prepared	3 months	Appointment	15-3-706
Claims barred after published notice	4 months	First publication	15-3-801(a)
Claims barred after written notice	The later of 4 months and 60 days	Publication, and the mailing	15-3-801(b)
Outer bar on claims arising before death	The earlier of 3 years and the periods above	Date of death	15-3-803(a)
Earliest closing statement	6 months	Original appointment	15-3-1003(a)
Contest of an informally probated will	The later of 12 months and 3 years	The informal probate, and the death	15-3-108(3)
Appointment terminates if nothing is pending	1 year	Filing of the closing statement	15-3-1003(b)
Outer limit to open probate	3 years	Date of death	15-3-108

The Idaho probate timeline guide turns that table into a working schedule.

The Personal Representative's First Months

Three duties set the pace once letters issue.

Tell the family within 30 days. Idaho Code 15-3-705 requires every personal representative, other than a special administrator, to inform the heirs and devisees of the appointment by delivery or ordinary mail no later than 30 days after it. The notice gives the personal representative's name and address, says whether bond has been filed, and names the court holding the file. Skipping it is "a breach of his duty" to those persons, though it does not undo the appointment.

Prepare the inventory within three months. Idaho Code 15-3-706 calls for an inventory of property the decedent owned at death, with each item's fair market value as of the date of death and any encumbrance. A copy goes to any interested person who asks, and the personal representative "may file the original of the inventory with the court." Filing is optional.

Decide whether to publish to creditors. Idaho Code 15-3-801(a) says the personal representative may publish a notice once a week for three successive weeks in a newspaper of general circulation in the county, telling creditors to present claims within four months after the first publication "or be forever barred." Section 15-3-801(c) says the personal representative is not liable to a creditor or successor for giving or failing to give that notice. One notice is mandatory: under 15-3-801(d), if Medicaid paid benefits for the decedent at age 55 or older, the personal representative must give the written notice that Idaho Code 56-218(5) requires.

Publishing is what shortens the estate's exposure. Idaho Code 15-3-803(a) bars pre-death claims at the earlier of three years after the death or the 15-3-801 periods. Without publication, a creditor can surface for up to three years after the death. With it, the window for creditors who were not mailed a notice closes four months after the first publication.

What the Court Charges to Open an Estate

The opening fee is one statewide number. The Idaho Supreme Court's IRCP Appendix A, "Filing Fee Schedule - District Court and Magistrate Division" (effective July 12, 2024), lists "Petition for formal probate" and "Application for informal probate" in Magistrate Division category A at a total of $166.00. Its preamble adds that the fee for opening any civil case in the Magistrate Division not found on the schedule is also $166.00.

Filing	Total fee	Appendix A row
Petition for formal probate	$166.00	Magistrate Division A.5
Application for informal probate	$166.00	Magistrate Division A.6
Summary administration of small estates	$130.00	Magistrate Division D
Petition for distribution of estate	$25.00	J.1.a
Demand for notice	$9.00	J.1.b
Intermediate or final accounting of personal rep	$9.00	J.1.d
Filing of copy of appointment of foreign personal representative	$27.00	J.1.f
Small estate affidavit under 15-3-1201	No court fee, because it goes to the holder of the property, not to the court	15-3-1201(a)

Read the schedule by its Total column. The other columns (Idaho Code Fund, Judges Retirement Fund, County Facility Fund, Court Technology Fund and others) show how the clerk divides your $166.00 among state and county accounts. They are not separate charges, and a page that lists them as fees has misread the table. The schedule also does not say whether the $130.00 row covers the surviving spouse's petition under 15-3-1205, so ask the clerk before relying on it.

If you plan to handle the filing without a lawyer, the filing Idaho probate yourself guide covers the county Court Assistance Offices and the self-help route.

Bond and Compensation

Bond is the exception on the informal track. Idaho Code 15-3-603 says "No bond is required of a personal representative appointed in informal proceedings" except for a special administrator, a will that expressly requires bond, or a case where 15-3-605 applies, which lets a person with an interest in the estate worth more than $1,000, or a creditor with a claim over $1,000, make a written demand for bond. In formal proceedings the court may order bond at appointment, and it may dispense with bond a will requires. No bond is required of a domestic bank or trust company.

Compensation has no schedule. Idaho Code 15-3-719 says "A personal representative is entitled to reasonable compensation for his services," with no percentage anywhere in the section. A personal representative may renounce all or part of it in writing.

Closing the Estate

Idaho Code 15-3-1003(a) lets a personal representative close an unsupervised estate by filing a verified statement no earlier than six months after the original appointment. The statement says the time for creditor claims has expired, that claims, expenses and death taxes have been paid or otherwise handled and the assets distributed, and that a copy and a full written account went to the distributees and to any creditor whose claim is neither paid nor barred. Under 15-3-1003(b), if no proceeding involving the personal representative is pending one year after the statement is filed, the appointment terminates.

That six-month floor sets the minimum length of an ordinary Idaho estate. Add the four-month creditor window after publication, the inventory, and the time to sell property and file tax returns, and most uncontested estates take longer than the floor. The Code sets a minimum and no typical length, so treat any duration you read as an estimate.

Common Questions

Which court handles probate in Idaho?

The district court, heard in the magistrate division of the county where the decedent lived. Idaho Code 15-1-201(8) says the court with jurisdiction over decedents' affairs is known in Idaho as the district court. Idaho Code 1-2201 puts a magistrate division of the district court in every county, and 1-2208(2) lets the administrative judge assign probate of wills and administration of decedents' estates to magistrates. You file with the Clerk of the District Court, the elected county clerk under Idaho Code 31-2001. Idaho has no separate probate court, so the answer is the same in all 44 counties.

How much does it cost to file probate in Idaho?

$166.00 to open a formal or informal probate. The Idaho Supreme Court's filing fee schedule for the district court and magistrate division (IRCP Appendix A, effective July 12, 2024) lists 'Petition for formal probate' and 'Application for informal probate' in Magistrate Division category A at a total of $166.00. The same schedule charges $130.00 for 'Summary administration of small estates', $25.00 for a petition for distribution of an estate, and $9.00 for an intermediate or final accounting of a personal representative. The other columns on that schedule split the fee among state and county funds; the Total column is what you pay.

How soon after a death can you open probate in Idaho?

Five days. Idaho Code 15-3-302 lets the registrar issue a written statement of informal probate if at least five (5) days have elapsed since the death, and Idaho Code 15-3-307(a) lets the registrar appoint a personal representative once at least 120 hours have passed. If the decedent lived outside Idaho, the registrar waits 30 days from the death unless the applicant is the personal representative appointed at the decedent's domicile or the will directs that Idaho law govern the estate.

Is there a deadline to open probate in Idaho?

Three years after the death, under Idaho Code 15-3-108. No informal or formal probate or appointment proceeding may start after that, apart from the listed exceptions. A contest of a will that was probated informally may start within the later of 12 months from the informal probate or three years from the death. The three-year limit does not apply to the small estate affidavit under 15-3-1201 or to surviving-spouse summary administration under 15-3-1205.

How long do creditors have to present a claim in an Idaho estate?

Four months from the first publication of a notice to creditors, if the personal representative publishes one. Idaho Code 15-3-801(a) says the personal representative may publish the notice once a week for three successive weeks, and 15-3-801(b) gives a creditor who also receives written notice the later of four months after publication or 60 days after the mailing. Idaho Code 15-3-803(a) then bars every claim that arose before the death at the earlier of three years after the death or those 15-3-801 periods. State tax claims follow their own rule in 15-3-803(d).

Start at the Idaho probate hub for the rest of the state's pages, then take the question you have to the guide that owns it.

Sources:

Title: Idaho Code Section 15-1-101, Short title. Publisher: Idaho State Legislature. Publication Date: As added 1971, ch. 111. URL: https://legislature.idaho.gov/statutesrules/idstat/Title15/T15CH1/SECT15-1-101/
Title: Idaho Code Section 15-1-201, General definitions. Publisher: Idaho State Legislature. Publication Date: Last amended 2026, ch. 79 (version in force until January 1, 2027). URL: https://legislature.idaho.gov/statutesrules/idstat/Title15/T15CH1/SECT15-1-201/
Title: Idaho Code Section 1-2201, Magistrate division of district court, Established. Publisher: Idaho State Legislature. Publication Date: Added 1969, ch. 104. URL: https://legislature.idaho.gov/statutesrules/idstat/Title1/T1CH22/SECT1-2201/
Title: Idaho Code Section 1-2208, Assignment of cases to magistrates. Publisher: Idaho State Legislature. Publication Date: Last amended 2006, ch. 263. URL: https://legislature.idaho.gov/statutesrules/idstat/Title1/T1CH22/SECT1-2208/
Title: Idaho Code Section 31-2001, County officers enumerated. Publisher: Idaho State Legislature. Publication Date: Last amended 1970, ch. 120. URL: https://legislature.idaho.gov/statutesrules/idstat/Title31/T31CH20/SECT31-2001/
Title: Idaho Code Section 15-2-102, Share of the spouse. Publisher: Idaho State Legislature. Publication Date: Last amended 2001, ch. 330. URL: https://legislature.idaho.gov/statutesrules/idstat/Title15/T15CH2/SECT15-2-102/
Title: Idaho Code Section 15-2-405, Source, Determination, Documentation, Miscellaneous provisions. Publisher: Idaho State Legislature. Publication Date: Last amended 2008, ch. 182. URL: https://legislature.idaho.gov/statutesrules/idstat/Title15/T15CH2/SECT15-2-405/
Title: Idaho Code Section 15-3-108, Probate, Testacy and appointment proceedings, Ultimate time limit. Publisher: Idaho State Legislature. Publication Date: Last amended 2014, ch. 264. URL: https://legislature.idaho.gov/statutesrules/idstat/Title15/T15CH3/SECT15-3-108/
Title: Idaho Code Section 15-3-111, Joint probate on death of survivor of marriage dissolved by death. Publisher: Idaho State Legislature. Publication Date: Last amended 1995, ch. 168. URL: https://legislature.idaho.gov/statutesrules/idstat/Title15/T15CH3/SECT15-3-111/
Title: Idaho Code Section 15-3-201, Venue for first and subsequent estate proceedings, Location of property. Publisher: Idaho State Legislature. Publication Date: Last amended 2009, ch. 11. URL: https://legislature.idaho.gov/statutesrules/idstat/Title15/T15CH3/SECT15-3-201/
Title: Idaho Code Section 15-3-203, Priority among persons seeking appointment as personal representative. Publisher: Idaho State Legislature. Publication Date: Last amended 1972, ch. 201. URL: https://legislature.idaho.gov/statutesrules/idstat/Title15/T15CH3/SECT15-3-203/
Title: Idaho Code Section 15-3-302, Informal probate, Duty of registrar, Effect of informal probate. Publisher: Idaho State Legislature. Publication Date: Last amended 1973, ch. 167. URL: https://legislature.idaho.gov/statutesrules/idstat/Title15/T15CH3/SECT15-3-302/
Title: Idaho Code Section 15-3-306, Informal probate, Notice requirements. Publisher: Idaho State Legislature. Publication Date: As added 1971, ch. 111. URL: https://legislature.idaho.gov/statutesrules/idstat/Title15/T15CH3/SECT15-3-306/
Title: Idaho Code Section 15-3-307, Informal appointment proceedings, Delay in order, Duty of registrar, Effect of appointment. Publisher: Idaho State Legislature. Publication Date: As added 1971, ch. 111. URL: https://legislature.idaho.gov/statutesrules/idstat/Title15/T15CH3/SECT15-3-307/
Title: Idaho Code Section 15-3-401, Formal testacy proceedings, Nature, When commenced. Publisher: Idaho State Legislature. Publication Date: Last amended 1972, ch. 201. URL: https://legislature.idaho.gov/statutesrules/idstat/Title15/T15CH3/SECT15-3-401/
Title: Idaho Code Section 15-3-501, Supervised administration, Nature of proceeding. Publisher: Idaho State Legislature. Publication Date: As added 1971, ch. 111. URL: https://legislature.idaho.gov/statutesrules/idstat/Title15/T15CH3/SECT15-3-501/
Title: Idaho Code Section 15-3-603, Bond not required without court order, Exceptions. Publisher: Idaho State Legislature. Publication Date: As added 1971, ch. 111. URL: https://legislature.idaho.gov/statutesrules/idstat/Title15/T15CH3/SECT15-3-603/
Title: Idaho Code Section 15-3-605, Demand for bond by interested person. Publisher: Idaho State Legislature. Publication Date: Last amended 1974, ch. 199. URL: https://legislature.idaho.gov/statutesrules/idstat/Title15/T15CH3/SECT15-3-605/
Title: Idaho Code Section 15-3-705, Duty of personal representative, Information to heirs and devisees. Publisher: Idaho State Legislature. Publication Date: As added 1971, ch. 111. URL: https://legislature.idaho.gov/statutesrules/idstat/Title15/T15CH3/SECT15-3-705/
Title: Idaho Code Section 15-3-706, Duty of personal representative, Inventory and appraisement. Publisher: Idaho State Legislature. Publication Date: Last amended 2004, ch. 55. URL: https://legislature.idaho.gov/statutesrules/idstat/Title15/T15CH3/SECT15-3-706/
Title: Idaho Code Section 15-3-719, Compensation of personal representative. Publisher: Idaho State Legislature. Publication Date: As added 1971, ch. 111. URL: https://legislature.idaho.gov/statutesrules/idstat/Title15/T15CH3/SECT15-3-719/
Title: Idaho Code Section 15-3-801, Notice to creditors. Publisher: Idaho State Legislature. Publication Date: Last amended 1998, ch. 9. URL: https://legislature.idaho.gov/statutesrules/idstat/Title15/T15CH3/SECT15-3-801/
Title: Idaho Code Section 15-3-803, Limitations on presentation of claims. Publisher: Idaho State Legislature. Publication Date: Last amended 2004, ch. 130. URL: https://legislature.idaho.gov/statutesrules/idstat/Title15/T15CH3/SECT15-3-803/
Title: Idaho Code Section 15-3-1003, Closing estates, By sworn statement of personal representative. Publisher: Idaho State Legislature. Publication Date: Last amended 1991, ch. 87. URL: https://legislature.idaho.gov/statutesrules/idstat/Title15/T15CH3/SECT15-3-1003/
Title: Idaho Code Section 15-3-1201, Collection of personal property by affidavit. Publisher: Idaho State Legislature. Publication Date: Last amended 2006, ch. 179. URL: https://legislature.idaho.gov/statutesrules/idstat/Title15/T15CH3/SECT15-3-1201/
Title: Idaho Code Section 15-3-1203, Small estates, Summary administrative procedure. Publisher: Idaho State Legislature. Publication Date: Last amended 2014, ch. 134. URL: https://legislature.idaho.gov/statutesrules/idstat/Title15/T15CH3/SECT15-3-1203/
Title: Idaho Code Section 15-3-1204, Small estates, Closing by sworn statement of personal representative. Publisher: Idaho State Legislature. Publication Date: Last amended 2014, ch. 134. URL: https://legislature.idaho.gov/statutesrules/idstat/Title15/T15CH3/SECT15-3-1204/
Title: Idaho Code Section 15-3-1205, Summary administration of estates in which a surviving spouse is the sole beneficiary. Publisher: Idaho State Legislature. Publication Date: Last amended 2005, ch. 121. URL: https://legislature.idaho.gov/statutesrules/idstat/Title15/T15CH3/SECT15-3-1205/
Title: Appendix "A" Filing Fee Schedule, District Court and Magistrate Division (Idaho Rules of Civil Procedure). Publisher: Idaho Supreme Court. Publication Date: Effective July 12, 2024. URL: https://api.isc.idaho.gov/uploads/Documents/Forms/Rules_and_Procedures_Forms/1777486274632-Appendix-A-Civil-Case-Filing-Fees-071224.pdf

It is not legal advice.