Overview
Ada County is located in Idaho with a population of approximately 557,590. The Ada County Magistrate Court handles all probate and estate matters for decedents who were domiciled in the county at the time of death.
Idaho probate is governed by the Uniform Probate Code (Title 15 of the Idaho Statutes). The process begins with filing a Petition for Probate of Will and Appointment of Personal Representative (Form CAO Pb 01) to admit the will and appoint a personal representative. The court then issues Letters Testamentary for testate estates or Letters of Administration for intestate estates.
Idaho offers a simplified procedure for small estates. If the decedent owned no real property and the total value of their personal property is $100,000 or less, successors may use a Small Estate Affidavit to collect assets 30 days after death without opening a formal court file.
Idaho law allows for "reasonable compensation" for personal representatives and attorneys. There is no statutory percentage fee; fees are typically based on the time and effort required or a flat fee agreed upon by the parties.
This guide provides an informational overview of the Ada County probate process. It is not legal advice and is not a substitute for consulting a qualified attorney. Laws and local procedures may change — verify current requirements with the court.
Courthouse Information
Ada County Courthouse
Probate matters in Ada County are handled at the Ada County Courthouse.
Address: 200 W. Front St., Boise, ID 83702
Phone: (208) 287-6900 (Clerk of the District Court)
Hours: Monday through Friday, 8:00 AM to 5:00 PM
The probate department is part of the Magistrate Division. The courthouse is located in downtown Boise. Security screening is required for entry; cell phones are generally permitted but must be silenced in courtrooms.
Parking and Access
Public parking is available in the parking garage attached to the courthouse (entrance on Ave A) and in surrounding surface lots. The courthouse is also accessible via Valley Regional Transit bus lines.
Filing Process
Step 1: Determine If Probate Is Necessary
Before filing, assess whether formal probate is required:
- Small Estate Affidavit: If the decedent owned no real estate and the net value of personal property is $100,000 or less, you may claim assets via affidavit 30 days after death.
- Survivorship/Beneficiary Designations: Assets with named beneficiaries (POD/TOD accounts, life insurance) or held in joint tenancy with right of survivorship pass outside probate.
- Trust administration: Assets held in a living trust generally do not require probate.
Step 2: File the Petition
If formal probate is needed, file a Petition for Probate (Form CAO Pb 01 or similar) with the Ada County Magistrate Court. Include:
- Application for Informal Probate and/or Appointment of Personal Representative
- Original Last Will and Testament (if applicable)
- Certified death certificate
- Filing fee (approximately $166.00)
- Acceptance of Appointment
Idaho utilizes the iCourt system. Attorneys are required to e-file; self-represented litigants may e-file or file in person.
Step 3: Provide Notice
After filing, you must:
- Mail notice of the appointment to all heirs, beneficiaries, and interested parties within 30 days of appointment.
- Publish notice to creditors in a newspaper of general circulation in Ada County (such as The Idaho Statesman) once a week for three successive weeks.
Step 4: Administration and Inventory
After receiving Letters, the personal representative must:
- Prepare an Inventory and Appraisement of all estate assets within 90 days of appointment.
- Allow the creditor claim period to expire (4 months after the first publication of notice).
- Pay valid creditor claims and estate expenses.
- File federal and state tax returns as needed.
Step 5: Close the Estate
Once debts and taxes are paid, distribute remaining assets to beneficiaries. To close the estate, file a Verified Statement of Personal Representative Closing Estate or a similar petition for final settlement to discharge your duties.
Local Requirements
Ada County-Specific Procedures
- E-filing: Ada County uses the statewide iCourt system. E-filing is mandatory for attorneys and optional for pro se litigants.
- Local Rules: The 4th Judicial District may have specific local rules regarding hearing schedules and document formatting.
- Mediation: Contested probate matters may be referred to mediation under Idaho court rules.
- Publication: Notice to creditors is typically published in The Idaho Statesman, which is the primary newspaper of general circulation for the county.
Always check with the Ada County Clerk's Office for the most current local forms and procedural checklists.
Timeline & Fees
Filing Fees (Ada County)
- Petition for Probate: approximately $166.00
- Small Claims Filing: approximately $69.00
- Certified copies of Letters: approximately $10-$20 per copy
- Publication costs: approximately $100-$300 depending on the newspaper and length of notice
- Recording Fees: Varies by document length (for real estate deeds)
Payment Methods
The court accepts cash, checks, money orders, and credit/debit cards (Visa, MasterCard, Discover). A convenience fee applies to card payments.
Estimated Timelines
- Small Estate Affidavit: Minimum 30 days post-death
- Informal Probate (Uncontested): 6-9 months minimum (due to 4-month creditor period)
- Complex or Contested Estates: 12 months to several years
The 4-month creditor claim period is a mandatory statutory minimum that affects the timeline of all formal probates.
Local Resources
Ada County Court Resources
- Court Website: adacounty.id.gov
- Probate Self-Help: courtselfhelp.idaho.gov
- Idaho Probate Forms: courtselfhelp.idaho.gov/Forms
Legal Aid and Attorney Referrals
- Idaho State Bar: (208) 334-4500 — Licensing and regulation
- Idaho Legal Aid Services: (208) 746-7541 — Low-income assistance
- Idaho State Bar Lawyer Referral Service: isb.idaho.gov
Publication
- The Idaho Statesman: (208) 377-6200 — Primary legal publication