Idaho probate guide

Probate process in Idaho

Idaho probate is filed in the Magistrate Division of the District Court. The filing fee is $166 for informal probate. The small-estate affidavit under Idaho Code § 15-3-1201 is available 30 days after death for estates of $100,000 or less in personal property with no real estate, and requires no court filing. Idaho is a community-property state and recognizes the TOD beneficiary deed under Idaho Code § 15-6-401 et seq.

Idaho probate at a glance

Court
Magistrate Division of the District Court
Typical timeline
24–52 weeks
Filing fee
$166
Small-estate threshold
$100,000
TOD deed allowed?
Yes
Bond required by default?
No
Statute
Idaho Code §§ 15-1-101 et seq. (Uniform Probate Code)

Source: isc.idaho.gov. Fees and thresholds change — verify with your county court before filing.

How Idaho probate works, step by step

  1. 1File application for informal probate with the Magistrate Court registrar
  2. 2Registrar appoints personal representative and issues letters
  3. 3Mail notice to heirs and devisees; publish notice to creditors
  4. 4Inventory and appraise assets; pay debts and taxes
  5. 5File closing statement after one year and distribute the residue

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This page is informational and is not legal advice. Probate procedure varies by county and changes over time. Consult a licensed Idaho probate attorney for advice specific to your situation.