Overview
Bannock County is located in Idaho with a population of approximately 91,010. The Sixth Judicial District 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 Title 15 of the Idaho Code (Uniform Probate Code). The process begins with filing an Application for Informal Probate 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 small estate affidavit procedure for estates valued at $100,000 or less (personal property only) where no application for a personal representative is pending or granted. There is also a summary administration procedure for surviving spouses.
Idaho does not have a statutory fee schedule for attorneys or personal representatives; fees must be reasonable based on the services provided.
This guide provides an informational overview of the Bannock 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
Sixth Judicial District Court
Probate matters in Bannock County are handled at the Bannock County Courthouse.
Address: 624 East Center, Pocatello, ID 83201
Phone: (208) 236-7379 (Court Administration Office)
General Information: (208) 236-7000
Hours: Monday through Friday, 8:00 AM to 5:00 PM
The courthouse is located in downtown Pocatello. Probate matters are typically heard in the Magistrate Division.
Parking and Access
Public parking is available around the courthouse building. Visitors must pass through security screening upon entry.
Filing Process
Step 1: Determine If Probate Is Necessary
Before filing, assess whether formal probate is required:
- Small Estate Affidavit: If the estate consists of personal property valued at $100,000 or less and no real estate is involved, you may be able to use an affidavit to collect assets 30 days after death.
- Summary Administration: A simplified process available when the surviving spouse is the sole beneficiary.
- Trust administration: Assets held in a living trust generally do not require probate.
Step 2: File the Petition
If formal probate is needed, file an Application for Informal Probate and Appointment of Personal Representative with the Sixth Judicial District Court. Include:
- Original Last Will and Testament (if applicable)
- Application for Informal Probate
- Certified copy of the Death Certificate
- $166.00 filing fee
- Renunciations or Nominations from other heirs (if applicable)
Idaho courts utilize the iCourt system for e-filing, which is mandatory for attorneys and optional for self-represented litigants.
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 Bannock County for three successive weeks.
Step 4: Attend the Hearing
For informal probate, a hearing is typically not required if all paperwork is in order. For formal probate, the court will schedule a hearing on the petition, typically 2 to 4 weeks after filing. At the hearing, the judge reviews the petition and, if approved, issues Letters Testamentary or Letters of Administration.
Step 5: Administer the Estate
After receiving Letters, the personal representative must:
- Publish notice to creditors and allow 4 months for claims to be filed
- Inventory and appraise all estate assets within 3 months of appointment
- Pay valid creditor claims
- File federal and state tax returns as needed
- Distribute assets to beneficiaries
- File a final accounting and petition for discharge
Local Requirements
Bannock County-Specific Procedures
- iCourt E-Filing: Bannock County uses the statewide iCourt system. Electronic filing is encouraged.
- Mediation: Contested probate matters may be referred to mediation.
- Local Rules: Consult the Sixth Judicial District local rules for specific courtroom decorum and scheduling procedures.
- Publication: Notice must be published in a newspaper of general circulation in Bannock County for once a week for three successive weeks.
Check with the Bannock County Court Assistance Office for local form packets and specific filing instructions.
Timeline & Fees
Filing Fees (Bannock County)
- Opening a New Estate: approximately $166
- Guardianship/Conservatorship: approximately $166
- Certified copies of Letters: approximately $1.00 per page plus $1.00 certification
- Publication costs: approximately $100-$200 depending on the newspaper
- Motion Fees: approximately $25 (if applicable)
Idaho law requires attorney and executor fees to be "reasonable" based on the services provided; there is no statutory percentage.
Payment Methods
The court accepts cash, checks, money orders, and credit cards (with a processing fee). A service fee applies to credit card payments.
Estimated Timelines
- Simple estates (no disputes, limited assets): 6-9 months
- Average estates: 9-15 months
- Complex or contested estates: 18 months to 2+ years
The 4-month creditor claim period sets a minimum duration for standard probate.
Local Resources
Bannock County Court Resources
- Court Website: bannockcounty.gov
- Probate Self-Help: Idaho Supreme Court Self-Help
- Idaho Probate Forms: Idaho Supreme Court Forms
Legal Aid and Attorney Referrals
- Idaho State Bar: (208) 334-4500 — Attorney referral service
- Idaho Legal Aid Services: (208) 233-0079 — Pocatello office
- State Bar Lawyer Referral: isb.idaho.gov
Publication
- Idaho State Journal: (208) 232-4161 — Newspaper of general circulation in Bannock County
- Standard Journal: (208) 356-5441 — Regional newspaper