Overview
Benewah County is located in Idaho with a population of approximately 9,530. The Benewah 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 Title 15 of the Idaho Code (Uniform Probate Code). The process begins with filing a Petition for Probate of Will and Appointment of Personal Representative (or a similar petition for intestate estates) 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 total value of the estate's personal property (excluding liens and encumbrances) does not exceed $100,000, successors may use an Affidavit Collecting Personal Property to claim assets without full probate court supervision.
Idaho does not have a statutory fee schedule for attorneys or personal representatives based on a percentage of the estate; fees must be reasonable and are typically based on hourly rates or a flat fee agreed upon by the parties.
This guide provides an informational overview of the Benewah 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
Benewah County Magistrate Court
Probate matters in Benewah County are handled at the Benewah County Courthouse.
Address: 701 W College Ave, Suite 203, St. Maries, ID 83861
Phone: (208) 245-3241 (Court Clerk)
Hours: Monday through Friday, 9:00 AM to 5:00 PM
The Magistrate Court is part of the First Judicial District of Idaho. The Clerk of the District Court handles probate filings.
Parking and Access
Public parking is available around the courthouse building. The courthouse is located in downtown St. Maries. Security screening may be required 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, you may be able to use an affidavit to collect assets 30 days after death.
- Summary Administration: Available for surviving spouses to claim their share of community property.
- 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 with the Benewah County Magistrate Court. Include:
- Petition for Probate of Will and Appointment of Personal Representative
- Original will and codicils (if any)
- Certified death certificate
- Filing fee (approximately $166–$221)
- Renunciations or Consents from other heirs (if applicable)
Idaho courts utilize the iCourt system. Check with the clerk regarding mandatory e-filing requirements for attorneys and self-represented litigants.
Step 3: Provide Notice
After filing, you must:
- Mail notice of the hearing (if required) and notice of appointment to all heirs, beneficiaries, and interested parties.
- Publish notice to creditors in a newspaper of general circulation in Benewah County, such as the St. Maries Gazette Record, once a week for three successive weeks.
Step 4: Attend the Hearing
For formal probate, the court may schedule a hearing to appoint the Personal Representative. In informal probate (administrative), the Clerk may issue Letters without a hearing if the application is complete and uncontested. Once appointed, the court issues Letters Testamentary or Letters of Administration.
Step 5: Administer the Estate
After receiving Letters, the personal representative must:
- Notify creditors (creditors have 4 months from the date of first publication to file claims)
- Inventory and appraise all estate assets within 3 months of appointment
- Pay valid creditor claims and estate expenses
- File federal and state tax returns as needed
- Distribute assets to beneficiaries
- File a Closing Statement or petition for formal closing to discharge duties
Local Requirements
Benewah County-Specific Procedures
- E-filing: Idaho has transitioned to the iCourt system. Electronic filing is often required for attorneys and available for pro se litigants.
- Local Rules: The First Judicial District may have specific local rules regarding case management.
- Publication: Notice to creditors must be published in a newspaper of general circulation within the county, typically the St. Maries Gazette Record.
Always check with the Benewah County Court Clerk for the most up-to-date local forms and filing requirements.
Timeline & Fees
Filing Fees (Benewah County)
- Petition for Probate: approximately $166–$221 (Fees vary by case type and are subject to change)
- Small Claims Filing: approximately $69
- Certified copies of Letters: approximately $1–$2 per page plus certification fee
- Publication costs: approximately $100–$300 depending on the newspaper and length of notice
Payment Methods
The court accepts cash, checks, money orders, and credit/debit cards (service fees may apply).
Estimated Timelines
- Simple estates (informal, uncontested): 6–9 months
- Average estates: 9–12 months
- Complex or contested estates: 12 months to 2+ years
The creditor claim period in Idaho is 4 months from the date of the first publication of notice to creditors. The estate generally cannot be closed until this period expires.
Local Resources
Benewah County Court Resources
- Court Website: benewahcountyid.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 — isb.idaho.gov
- Idaho Legal Aid Services: (208) 746-7541 (statewide hotline) or (208) 667-9559 (Coeur d'Alene regional office) — idaholegalaid.org
Publication
- St. Maries Gazette Record: (208) 245-4538 — Newspaper of general circulation for legal notices.