Idaho Probate Timeline

An Idaho informal probate usually runs 7 to 12 months from the application to the closing statement, and a formal or supervised case runs 9 to 18. Those ranges are planning estimates. The fixed part is the floor: Idaho Code 15-3-1003(a) will not let a personal representative file the sworn closing statement until six months after the original appointment, two months longer than the four-month floor next door in Utah.

The one decision that moves the Idaho finish line most is optional. Idaho Code 15-3-801(a) says the personal representative may publish a notice to creditors. Publish, and claims that arose before the death are barred four months after the first publication. Skip it, and the only bar left is three years after the death under 15-3-803(a)(1). Since the closing statement has to say the claim period has expired, that choice decides whether the file can close in month seven or waits for year three. For the steps rather than the durations, read how Idaho probate works. This page is general information about Idaho law, so confirm your own dates with the clerk of the district court holding the file or a licensed Idaho attorney.

Five Routes, Five Durations

Idaho is a Uniform Probate Code state, so the route sets the length before any family fact does. Every route runs through the district court, heard in the magistrate division that Idaho Code 1-2201 places in each of the 44 counties. Finding your district court is a question of venue, not of court type.

The first three are shortcuts. The fourth is the default, and the fifth is what happens when someone disagrees or asks the court to watch.

The Three Shortcuts

The affidavit. Idaho Code 15-3-1201(a) lets a successor collect personal property 30 days after the death by presenting an affidavit stating that the fair market value of the entire estate subject to probate, wherever located, less liens and encumbrances, does not exceed $100,000; that 30 days have passed; that no petition for a personal representative or for summary administration is pending or has been granted anywhere; and that the successor is entitled to the property. The measure counts real property at full market value, yet the affidavit only moves personal property. An estate under $100,000 that owns a lot can use the affidavit for the bank account and still needs a court route for the land. The Idaho small estate affidavit covers who signs and what a holder may ask for.

Summary administration. Idaho Code 15-3-1203 has no dollar figure. It applies where the inventory shows the whole estate, less liens and encumbrances, does not exceed the homestead allowance, exempt property, costs of administration, reasonable funeral expenses and the last illness medical and hospital bills. The personal representative may then distribute immediately, without giving notice to creditors, and close under 15-3-1204 at any time after distribution. The appointment ends one year after that closing statement if nothing is pending, under 15-3-1204(b). This route still needs an appointed personal representative and an inventory, which is why it takes months rather than weeks.

The surviving spouse as sole heir or devisee. Idaho Code 15-3-1205 lets the spouse petition for a decree without any administration at all, and it has no cap. Notice of the hearing goes out under 15-1-401, which requires mailing at least 14 days before the hearing, and the spouse can appear by phone or by affidavit. The trade is in subsection (c): the spouse assumes every debt that could have been a claim against the estate. What an Idaho surviving spouse can claim covers when this route fits.

The First 30 Days

Idaho sets two short waits at the front of a case. Idaho Code 15-3-302 lets the registrar issue a written statement of informal probate only once at least five days have passed since the death. Idaho Code 15-3-307(a) makes the informal appointment of a personal representative wait at least 120 hours after the death. Where the decedent lived in another state, the registrar holds the appointment until 30 days after the death, unless the personal representative from the home state is the applicant or the will directs that Idaho law govern.

Two other dates sit in the appointment rules of 15-3-203(a). A creditor gains priority to be appointed only 45 days after the death, and if a petition has been filed and 60 days pass with no consent to act from a proper person, the public administrator acts. Under Idaho Code 31-2001 that officer is the county treasurer.

Once Letters issue, the personal representative's own clock starts. Idaho Code 15-3-705 requires information about the appointment to go to the heirs and devisees within 30 days by delivery or ordinary mail. The notice names the personal representative, says whether bond was filed, and describes the court holding the papers. Missing it is a breach of duty that does not undo the appointment. The personal representative's 30-day notice sits with the rest of the role.

One more 30-day notice applies to some estates. If Medicaid paid benefits for the decedent at age 55 or older, Idaho Code 15-3-801(d) and 56-218(5) require written notice of the appointment to the director of the Department of Health and Welfare within 30 days of appointment. The recovery claim is paid as a preferred debt, and a distribution made before it is paid can be set aside by a court action.

The Four-Month Creditor Window Runs the Whole Schedule

Idaho Code 15-3-801(a) lets the personal representative publish a notice to creditors once a week for three successive weeks in a newspaper of general circulation in the county. Creditors then have four months after the date of the first publication to present claims or be forever barred.

Written notice runs on a different pair of numbers. Under 15-3-801(b), a creditor who receives a mailed or delivered notice has the later of four months after the published notice or 60 days after the mailing. So a creditor found late in the case, and mailed in month three, gets until 60 days after that mailing.

Idaho Code 15-3-803(a) then fixes the actual bar. Pre-death claims are barred unless presented within the earlier of three years after the death, or the 15-3-801 windows. Publication pulls the bar in from 36 months to about four. Claims that arise after the death follow 15-3-803(c): a claim on a contract with the personal representative has four months after performance was due, and any other claim has the later of four months after it arose or the three-year date. State tax claims run on their own clock under 15-3-803(d).

The family's allowances ride on the same window. Idaho Code 15-2-405 says the homestead allowance and exempt property are not automatic and must be applied for in the same manner and time as creditor claims, and the personal representative does not have to warn the spouse or children. Where a notice was published, a spouse who applies after the four months can lose the $50,000 homestead allowance set by 15-2-402. The homestead allowance deadline walks through the application.

Here is an ordinary informal estate where the notice is published in the week the Letters issue.

Every later row hangs off a choice made in the first week. The four-month creditor window covers how a claim is presented and what happens to a late one.

Months One Through Six

The inventory is the one hard duty in the first quarter. Idaho Code 15-3-706 gives the personal representative three months after appointment to list the decedent's property with its fair market value at the date of death and any encumbrance. A special administrator is excused, and so is a successor whose predecessor already did it. The personal representative sends a copy to interested persons who ask and may file the original with the court, so an empty docket does not mean nothing happened.

Claim handling brings two 60-day rules under 15-3-806(a). A claimant whose claim is disallowed has 60 days after the notice of disallowance is mailed to petition the court or sue, provided the notice warns of the bar. Running the other way, a personal representative who says nothing for 60 days after the presentation period ends is treated as having allowed the claim. Interest follows the same date: under 15-3-806(d), allowed claims bear interest at the legal rate starting 60 days after the time for original presentation expires, unless a contract sets its own rate.

How an Idaho Estate Ends

An informal administration ends with a filing rather than a hearing. Idaho Code 15-3-1003(a) lets the personal representative close by filing a verified statement, no earlier than six months after the original appointment, saying three things: that the time limit for presenting creditors' claims has expired; that the estate is fully administered, with claims, expenses and taxes paid or otherwise disposed of and the assets distributed; and that a copy went to every distributee and every known creditor whose claim is neither paid nor barred, along with a full written account to the distributees affected. Supervised estates cannot use this route.

Two clocks run behind the statement. Idaho Code 15-3-1005 bars claims against the personal representative for breach of fiduciary duty six months after the closing statement is filed, leaving fraud, misrepresentation and inadequate disclosure outside the bar. Idaho Code 15-3-1003(b) ends the appointment one year after the filing if no proceeding involving the personal representative is pending. Closing the estate covers what the written account has to show.

The formal ending is 15-3-1001. The personal representative may petition for an order of complete settlement at any time, any other interested person must wait one year from the original appointment, and no petition can be heard until the time for pre-death claims has expired. Supervised administration under 15-3-501 stays under the court's continuing authority, and 15-3-505 ends it on the 15-3-1001 timetable.

What Pushes an Idaho Estate Past a Year

1. No published notice to creditors. The three-year bar in 15-3-803(a)(1) becomes the only date, and the 15-3-1003(a)(1) statement cannot be signed before it runs.
2. A spouse's elective share in quasi-community property. Idaho Code 15-2-205(a) requires the petition within nine months after the death or six months after the probate petition was filed, whichever is later, and the court may extend it for cause shown before it runs out. Under 15-2-203 the right reaches only quasi-community property, which 15-2-201(b) defines as property the decedent acquired while living in another state that would have been community property had the decedent lived in Idaho at the time.
3. A will contest. Idaho Code 15-3-108(3) allows a proceeding to contest an informally probated will within the later of 12 months from the informal probate or three years from the death. Under 15-3-401 a personal representative who receives notice of a formal testacy proceeding must stop making distributions while it is pending. Idaho will contests covers the grounds.
4. A Medicaid recovery claim. Under 56-218, recovery waits until both spouses have died and no child under 21 or blind or disabled child survives, and the claim reaches assets that passed outside probate by joint tenancy, life estate or living trust.
5. Real property that has to be sold. The market sets that pace, and no small-estate shortcut can convey land.
6. Supervised administration. Every distribution waits for an order.
7. A federal estate tax return where one is required. The Idaho State Tax Commission states that Idaho has no gift tax or inheritance tax and that its estate tax for deaths expired in 2004, so there is no Idaho death-tax return to wait on. An estate with income still files the Idaho Form 66 fiduciary return.

The Outer Limits

Idaho Code 15-3-108 bars an informal or formal probate or appointment proceeding started more than three years after the death, other than a proceeding to probate a will already probated at the domicile or one tied to a prior appointment. Two narrow exceptions survive: a case dismissed because the death was in doubt, and the estate of a missing person with a conservator, which gets three years from when the conservator can establish the death. The limit does not reach proceedings to construe a probated will or determine heirs, or the 15-3-1201 affidavit and 15-3-1205 spousal route.

Recipients stay exposed longer than the estate does. Idaho Code 15-3-1006 bars a claim to recover property from a distributee at the later of three years after the death or one year after the distribution, except that a creditor of the decedent is barred three years after the death. An action to recover property obtained by fraud, and a state tax collection action, sit outside that bar.

Frequently Asked Questions

How long does probate take in Idaho?

Seven to twelve months for an ordinary informal probate, and nine to eighteen months where the case is formal or supervised. Those ranges are planning estimates rather than court statistics. The fixed part is the floor: Idaho Code 15-3-1003(a) blocks the sworn closing statement until six months after the original appointment of the personal representative, and a published notice to creditors gives claimants four months from the first publication under 15-3-801(a).

When can an Idaho personal representative close the estate?

No earlier than six months after the date of the original appointment of a general personal representative, under Idaho Code 15-3-1003(a). The verified closing statement must also say the time limit for presenting creditors' claims has expired, so the six months is a floor rather than a schedule. The appointment itself ends one year after the statement is filed if nothing involving the personal representative is pending, under 15-3-1003(b).

Does an Idaho personal representative have to publish notice to creditors?

No. Idaho Code 15-3-801(a) says the personal representative may publish, once a week for three successive weeks, and 15-3-801(c) says the personal representative is not liable for giving or failing to give notice. Publishing bars pre-death claims four months after the first publication. Skipping it leaves three years after the death under 15-3-803(a)(1) as the only bar, and the closing statement cannot honestly say the claim period has expired before then.

How soon after a death can an Idaho probate case be filed?

The registrar issues a written statement of informal probate only once at least five days have passed since the death, under Idaho Code 15-3-302. An informal appointment of a personal representative waits at least 120 hours after the death under 15-3-307(a). Where the decedent lived in another state, the registrar delays the appointment until 30 days after the death unless the personal representative from the home state is the applicant or the will directs that Idaho law govern.

What is the fastest way to settle a small Idaho estate?

The affidavit under Idaho Code 15-3-1201, which opens no court case. Thirty days after the death, a successor presents an affidavit stating that the fair market value of the entire estate subject to probate, wherever located, less liens and encumbrances, does not exceed $100,000, and that no petition for a personal representative or for summary administration is pending or granted anywhere. It collects personal property only, so land needs another route.

Is there a deadline to open probate in Idaho?

Three years after the death, under Idaho Code 15-3-108, for informal and formal probate and appointment proceedings. Narrow exceptions cover a case dismissed over doubt about the death and a missing person whose estate had a conservator. The limit does not apply to proceedings to construe a probated will, to determine heirs, or to the 15-3-1201 affidavit and the 15-3-1205 surviving-spouse summary administration.

Related Guides

• Idaho Probate Guide
• Idaho Creditor Claims
• Idaho Executor Duties
• Idaho Probate Accounting
• Idaho Small Estate Affidavit
• Idaho Probate Courts by County

Sources:

• Title: Idaho Code Section 15-3-302, Informal probate -- Duty of registrar -- Effect of informal probate. Publisher: Idaho State Legislature. Publication Date: Not listed (last amended 1973, ch. 167), accessed 2026-09-24. URL: https://legislature.idaho.gov/statutesrules/idstat/Title15/T15CH3/SECT15-3-302/
• 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: Not listed (as added 1971, ch. 111), accessed 2026-09-24. URL: https://legislature.idaho.gov/statutesrules/idstat/Title15/T15CH3/SECT15-3-307/
• Title: Idaho Code Section 15-3-203, Priority among persons seeking appointment as personal representative. Publisher: Idaho State Legislature. Publication Date: Not listed (last amended 1972, ch. 201), accessed 2026-09-24. URL: https://legislature.idaho.gov/statutesrules/idstat/Title15/T15CH3/SECT15-3-203/
• Title: Idaho Code Section 15-3-705, Duty of personal representative -- Information to heirs and devisees. Publisher: Idaho State Legislature. Publication Date: Not listed (as added 1971, ch. 111), accessed 2026-09-24. 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: Not listed (last amended 2004, ch. 55), accessed 2026-09-24. URL: https://legislature.idaho.gov/statutesrules/idstat/Title15/T15CH3/SECT15-3-706/
• Title: Idaho Code Section 15-3-801, Notice to creditors. Publisher: Idaho State Legislature. Publication Date: Not listed (last amended 1998, ch. 9), accessed 2026-09-24. 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: Not listed (last amended 2004, ch. 130), accessed 2026-09-24. URL: https://legislature.idaho.gov/statutesrules/idstat/Title15/T15CH3/SECT15-3-803/
• Title: Idaho Code Section 15-3-806, Allowance of claims. Publisher: Idaho State Legislature. Publication Date: Not listed (last amended 1974, ch. 199), accessed 2026-09-24. URL: https://legislature.idaho.gov/statutesrules/idstat/Title15/T15CH3/SECT15-3-806/
• Title: Idaho Code Section 15-3-1003, Closing estates -- By sworn statement of personal representative. Publisher: Idaho State Legislature. Publication Date: Not listed (last amended 1991, ch. 87), accessed 2026-09-24. URL: https://legislature.idaho.gov/statutesrules/idstat/Title15/T15CH3/SECT15-3-1003/
• Title: Idaho Code Section 15-3-1001, Formal proceedings terminating administration -- Testate or intestate -- Order of general protection. Publisher: Idaho State Legislature. Publication Date: Not listed (as added 1971, ch. 111), accessed 2026-09-24. URL: https://legislature.idaho.gov/statutesrules/idstat/Title15/T15CH3/SECT15-3-1001/
• Title: Idaho Code Section 15-3-1005, Limitations on proceedings against personal representative. Publisher: Idaho State Legislature. Publication Date: Not listed (as added 1971, ch. 111), accessed 2026-09-24. URL: https://legislature.idaho.gov/statutesrules/idstat/Title15/T15CH3/SECT15-3-1005/
• Title: Idaho Code Section 15-3-1006, Limitations on actions and proceedings against distributees. Publisher: Idaho State Legislature. Publication Date: Not listed (last amended 2014, ch. 134), accessed 2026-09-24. URL: https://legislature.idaho.gov/statutesrules/idstat/Title15/T15CH3/SECT15-3-1006/
• Title: Idaho Code Section 15-3-108, Probate -- Testacy and appointment proceedings -- Ultimate time limit. Publisher: Idaho State Legislature. Publication Date: Not listed (last amended 2014, ch. 264), accessed 2026-09-24. URL: https://legislature.idaho.gov/statutesrules/idstat/Title15/T15CH3/SECT15-3-108/
• Title: Idaho Code Section 15-3-401, Formal testacy proceedings -- Nature -- When commenced. Publisher: Idaho State Legislature. Publication Date: Not listed (last amended 1972, ch. 201), accessed 2026-09-24. URL: https://legislature.idaho.gov/statutesrules/idstat/Title15/T15CH3/SECT15-3-401/
• Title: Idaho Code Section 15-3-505, Supervised administration -- Interim orders -- Distribution and closing orders. Publisher: Idaho State Legislature. Publication Date: Not listed (as added 1971, ch. 111), accessed 2026-09-24. URL: https://legislature.idaho.gov/statutesrules/idstat/Title15/T15CH3/SECT15-3-505/
• Title: Idaho Code Section 15-3-1201, Collection of personal property by affidavit. Publisher: Idaho State Legislature. Publication Date: Not listed (last amended 2006, ch. 179), accessed 2026-09-24. 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: Not listed (last amended 2014, ch. 134), accessed 2026-09-24. 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: Not listed (last amended 2014, ch. 134), accessed 2026-09-24. 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: Not listed (last amended 2005, ch. 121), accessed 2026-09-24. URL: https://legislature.idaho.gov/statutesrules/idstat/Title15/T15CH3/SECT15-3-1205/
• Title: Idaho Code Section 15-1-401, Notice -- Method and time of giving. Publisher: Idaho State Legislature. Publication Date: Not listed (last amended 1973, ch. 167), accessed 2026-09-24. URL: https://legislature.idaho.gov/statutesrules/idstat/Title15/T15CH1/SECT15-1-401/
• Title: Idaho Code Section 15-2-201, Quasi-community property. Publisher: Idaho State Legislature. Publication Date: Not listed, accessed 2026-09-24. URL: https://legislature.idaho.gov/statutesrules/idstat/Title15/T15CH2/SECT15-2-201/
• Title: Idaho Code Section 15-2-402, Homestead allowance. Publisher: Idaho State Legislature. Publication Date: Not listed (last amended 2008, ch. 182), accessed 2026-09-24. URL: https://legislature.idaho.gov/statutesrules/idstat/Title15/T15CH2/SECT15-2-402/
• Title: Idaho Code Section 15-2-203, Elective right to quasi-community property and augmented estate. Publisher: Idaho State Legislature. Publication Date: Not listed (last amended 2016, ch. 262), accessed 2026-09-24. URL: https://legislature.idaho.gov/statutesrules/idstat/Title15/T15CH2/SECT15-2-203/
• Title: Idaho Code Section 15-2-205, Proceeding for elective share -- Time limit. Publisher: Idaho State Legislature. Publication Date: Not listed (last amended 1999, ch. 73), accessed 2026-09-24. URL: https://legislature.idaho.gov/statutesrules/idstat/Title15/T15CH2/SECT15-2-205/
• Title: Idaho Code Section 15-2-405, Source -- Determination -- Documentation -- Miscellaneous provisions. Publisher: Idaho State Legislature. Publication Date: Not listed (last amended 2008, ch. 182), accessed 2026-09-24. URL: https://legislature.idaho.gov/statutesrules/idstat/Title15/T15CH2/SECT15-2-405/
• Title: Idaho Code Section 56-218, Recovery of certain medical assistance. Publisher: Idaho State Legislature. Publication Date: Not listed (last amended 2008, ch. 182), accessed 2026-09-24. URL: https://legislature.idaho.gov/statutesrules/idstat/Title56/T56CH2/SECT56-218/
• Title: Estates and Taxes. Publisher: Idaho State Tax Commission. Publication Date: Not listed (page modified 2022-09-16), accessed 2026-09-24. URL: https://tax.idaho.gov/taxes/estates-and-taxes/

It is not legal advice.