Overview
Bingham County is located in Idaho with a population of approximately 50,889. The District Court of the Seventh Judicial District 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). 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 value of the decedent's estate subject to probate (excluding real property) does not exceed $100,000, successors may use a Small Estate Affidavit to collect assets 30 days after death.
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 Bingham 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
Bingham County Courthouse
Probate matters in Bingham County are handled at the Bingham County Courthouse.
Address: 501 N Maple #310, Blackfoot, ID 83221
Phone: (208) 782-3154 (District Court)
Hours: Monday through Friday, 8:00 AM to 5:00 PM (closed during the lunch hour)
The Magistrate Division of the District Court typically oversees probate cases. The court clerk's office is located within the courthouse.
Parking and Access
Public parking is available around the courthouse. Security screening is required for entry into the building.
Filing Process
Step 1: Determine If Probate Is Necessary
Before filing, assess whether formal probate is required:
- Small Estate Affidavit: If the estate consists only of personal property valued at $100,000 or less, you may use an affidavit 30 days after death.
- Survivorship/Beneficiary Designations: Assets with named beneficiaries or rights 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 District Court. Include:
- Petition for Probate
- Original will and codicils (if any)
- Certified death certificate
- Filing fee ($166.00)
- Application for Informal Probate (if applicable)
Idaho courts utilize the iCourt system for electronic filing, which is mandatory for attorneys and available for self-represented litigants.
Step 3: Provide Notice
After filing, you must:
- Mail notice of the hearing to all heirs, beneficiaries, and interested parties at least 14 days before the hearing (or 10 days if personally served).
- Publish notice to creditors in a newspaper of general circulation in Bingham County (such as the Post Register or Idaho State Journal) once a week for three successive weeks.
Step 4: Attend the Hearing
The court will schedule a hearing on the petition. At the hearing (or upon review of informal applications), the judge or registrar 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:
- Notify creditors (creditors have 4 months from publication to file claims)
- 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 (Closing Statement)
Local Requirements
Bingham County-Specific Procedures
- E-filing: Bingham County uses the statewide iCourt (Odyssey) system.
- Local Rules: The Seventh Judicial District rules apply to proceedings in Bingham County.
- Publication: Notice is typically published in the Post Register or Idaho State Journal, which are the designated legal newspapers for the county.
- Hearings: Magistrate judges handle most probate matters. Check with the clerk for specific scheduling days.
Always check with the court clerk for the most current local forms and procedural requirements.
Timeline & Fees
Filing Fees (Bingham County)
- Probate Filing Fee: approximately $166.00
- Certified copies of Letters: approximately $1.00 per page + $1.00 for certification
- Publication costs: approximately $100-$300 depending on the newspaper
- Recording fees: Varies by document length
Idaho law requires fees to be reasonable; there is no statutory percentage fee for attorneys or executors.
Payment Methods
The court accepts cash, checks, money orders, and credit/debit cards (fees apply).
Estimated Timelines
- Simple estates (Informal): 6-9 months
- Average estates: 9-12 months
- Complex or contested estates: 12 months to 2 years
Creditors have 4 months from the date of first publication to file claims, which sets a minimum duration for the process.
Local Resources
Bingham County Court Resources
- Court Website: https://www.binghamid.gov/departments/districtcourt
- Probate Self-Help: https://courtselfhelp.idaho.gov/
- Idaho Probate Forms: https://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: https://isb.idaho.gov/lawyer-referral-service/
Publication
- Post Register: (208) 522-1800 — https://www.postregister.com/
- Idaho State Journal: (208) 232-4161 — https://www.idahostatejournal.com/