Overview
Boise County is located in Idaho with a population of approximately 8,581. The Boise County District Court (Magistrate Division) 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 Statutes (Uniform Probate Code). The process begins with filing an Application for Informal Probate and Appointment of Personal Representative 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 called the Affidavit for Collection of Personal Property. This can be used if the fair market value of the entire estate (less liens and encumbrances) does not exceed $100,000, and no application or petition for the appointment of a personal representative is pending or has been granted.
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 Boise 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
Boise County Courthouse
Probate matters in Boise County are handled at the Boise County Courthouse in Idaho City.
Address: 419 Main Street, Idaho City, ID 83631
Phone: (208) 392-4452 (Clerk of the District Court)
Hours: Monday through Friday, 8:00 AM to 5:00 PM
The Clerk's Office is responsible for accepting filings and maintaining court records. The Magistrate Division typically presides over probate cases.
Parking and Access
Idaho City is a small, historic town. Free street parking is generally available around the courthouse and on Main Street. The building is accessible to the public during business hours.
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 without court supervision.
- Non-Probate Transfers: Assets with designated beneficiaries (like life insurance, IRAs) or held in joint tenancy with right of survivorship pass directly to the co-owner or beneficiary.
- Trust administration: Assets held in a living trust generally do not require probate.
Step 2: File the Application/Petition
If probate is needed, file an Application for Informal Probate (or Petition for Formal Probate) with the Boise County District Court. Include:
- Application for Informal Probate and Appointment of Personal Representative
- Original Last Will and Testament (if one exists)
- Certified Death Certificate
- Filing fee (approximately $221.00)
- Acceptance of Appointment by the Personal Representative
Idaho courts utilize the iCourt system, and electronic filing (e-filing) is mandatory for attorneys and optional for self-represented litigants in many counties.
Step 3: Provide Notice
After filing, you must:
- Mail notice of the appointment to all heirs, devisees, and interested parties within 30 days of appointment.
- Publish notice to creditors in a newspaper of general circulation in Boise County (such as The Idaho World) once a week for three successive weeks.
Step 4: Administration
The court clerk (for informal probate) or judge (for formal probate) reviews the documents. Once approved, they issue Letters Testamentary or Letters of Administration, granting you authority to act.
Step 5: Administer the Estate
After receiving Letters, the personal representative must:
- Inventory and appraise all estate assets within 3 months of appointment.
- Pay valid creditor claims (creditors generally have 4 months from the date of first publication to file claims).
- File federal and state tax returns as needed.
- Distribute assets to beneficiaries according to the will or laws of intestacy.
- Close the estate by filing a Verified Statement of Personal Representative Closing Estate (informal) or a Petition for Order of Complete Settlement (formal).
Local Requirements
Boise County-Specific Procedures
- E-filing: Idaho has transitioned to a statewide e-filing system (iCourt). Check with the Boise County Clerk regarding specific requirements for pro se filers.
- Local Forms: While state forms are widely used, verify with the clerk if any county-specific cover sheets are required.
- Publication: Notice to creditors must be published in a newspaper of general circulation within Boise County, such as The Idaho World.
- Hearings: Informal probate typically does not require a hearing unless the application is contested or deficient. Formal probate will require a scheduled hearing.
Timeline & Fees
Filing Fees (Boise County)
- Initial Probate Filing: approximately $221.00
- Small Estate Affidavit: No court filing fee (document is presented to asset holders, not filed)
- Certified copies of Letters: approximately $1.00 per page + certification fee
- Publication costs: approximately $100-$200 depending on the newspaper length
Payment Methods
The court accepts cash, checks, money orders, and credit/debit cards (service fees may apply).
Estimated Timelines
- Simple estates (Informal): 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. The estate generally cannot be closed until this period expires.
Local Resources
Boise County Court Resources
- Court Website: https://www.boisecounty.us/services/courts/
- Probate Self-Help: https://courtselfhelp.idaho.gov/
- Idaho Legal Aid Forms: https://www.idaholegalaid.org/
Legal Aid and Attorney Referrals
- Idaho State Bar: (208) 334-4500 — Licensing and regulation
- Idaho Legal Aid Services: (208) 345-0106 — Low-income assistance
- Idaho State Bar Lawyer Referral Service: https://isb.idaho.gov/lawyer-referral-service/
Publication
- The Idaho World: (208) 392-4442 — Official newspaper for Boise County legal notices