Overview
Bonneville County is located in Idaho with a population of approximately 133,644. The Bonneville 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 (if there is a will) or a Petition for Adjudication of Intestacy and Appointment of Personal Representative (if there is no will). 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 is available if the fair market value of the entire estate (less liens and encumbrances) does not exceed $100,000, no application for a personal representative is pending or has been granted, and at least 30 days have elapsed since the death. This procedure cannot be used if the estate includes real property.
Idaho law allows for reasonable compensation for personal representatives and attorneys. There is no statutory percentage fee; fees are typically based on the time spent and the complexity of the estate.
This guide provides an informational overview of the Bonneville 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
Bonneville County Magistrate Court
Probate matters in Bonneville County are handled at the Bonneville County Courthouse.
Address: 605 N Capital Ave, Idaho Falls, ID 83402
Phone: (208) 529-1350 (Clerk of the District Court)
Hours: Monday through Friday, 8:00 AM to 5:00 PM
The Magistrate Court is located within the main county courthouse building. The Clerk's office processes all probate filings.
Parking and Access
Public parking is available in lots surrounding the courthouse and along nearby streets. Be mindful of posted time limits, especially in downtown Idaho Falls. Security screening is required upon entering the courthouse 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 be able to use an affidavit after a 30-day waiting period.
- Survivorship/Beneficiary Designations: Assets with named beneficiaries (POD/TOD accounts, life insurance) or held in joint tenancy with right of survivorship pass outside of 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 the appropriate Petition for Probate with the Bonneville County Magistrate Court. Include:
- Petition for Probate (Form CAO Pb 01 or similar)
- Original Last Will and Testament (if applicable)
- Certified death certificate
- Filing fee (approximately $166.00)
- Renunciations or Nominations 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 and appointment, you must:
- Mail notice of the appointment to all heirs, beneficiaries, and known creditors within 30 days of appointment.
- Publish notice to unknown creditors in a newspaper of general circulation in Bonneville County (such as The Post Register) once a week for three successive weeks.
Step 4: Attend the Hearing
For informal probate, a hearing may not be required if all paperwork is in order and uncontested. For formal probate, the court will schedule a hearing to review the petition. Upon approval, the judge or registrar issues Letters Testamentary or Letters of Administration.
Step 5: Administer the Estate
After receiving Letters, the personal representative must:
- Prepare an Inventory and Appraisement of estate assets within 90 days 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.
- File a Statement of Closing or petition for final distribution to close the estate.
Local Requirements
Bonneville County-Specific Procedures
- E-filing: Idaho has implemented the iCourt system statewide. Electronic filing is often required for attorneys and available for pro se litigants.
- Local Rules: The Seventh 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, such as The Post Register.
- Mediation: Contested probate matters may be referred to mediation under Idaho court rules.
Always check with the Court Clerk for the most up-to-date local forms and procedural requirements.
Timeline & Fees
Filing Fees (Bonneville County)
- New Probate Case Filing Fee: approximately $166.00
- Certified copies of Letters: approximately $1.00 per page plus $1.00 for certification
- Publication costs: approximately $100-$200 depending on the newspaper
- Recording fees: varies by document length (for real estate transfers)
Payment Methods
The court accepts cash, checks, money orders, and credit/debit cards (subject to a processing fee).
Estimated Timelines
- Small Estate Affidavit: Minimum 30 days after death.
- Informal Probate (Uncontested): 6-9 months minimum (due to the 4-month creditor claim period).
- Formal/Contested Probate: 12 months to several years depending on complexity.
The 4-month creditor claim period begins after the first publication of notice, which significantly influences the timeline.
Local Resources
Bonneville County Court Resources
- Court Website: Bonneville County Courts
- Probate Self-Help: Idaho Court Assistance Office
- Idaho Probate Forms: Court Assistance Office Forms
Legal Aid and Attorney Referrals
- Idaho State Bar Lawyer Referral Service: isb.idaho.gov
- Idaho Legal Aid Services: (208) 524-3660 — idaholegalaid.org
Publication
- The Post Register: (208) 522-1800 — postregister.com