Overview
Butte County is located in Idaho with a population of approximately 2,735. The Butte 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). The process begins with filing a Petition for Probate of Will and Appointment of Personal Representative (Form CAO Pb 10) 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 decedent's estate consists entirely of personal property valued at $100,000 or less, successors may use a Small Estate Affidavit (Affidavit for Collection of Personal Property) to collect assets without formal court administration, provided at least 30 days have passed since the 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 Butte 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
Butte County Magistrate Court
Probate matters in Butte County are handled at the Butte County Courthouse.
Address: 205 W. Grand Ave., Arco, ID 83213
Mailing Address: P.O. Box 737, Arco, ID 83213
Phone: (208) 527-3021, ext. 1 (Magistrate Court)
Hours: Monday through Thursday, 8:30 AM to 12:00 PM and 1:00 PM to 5:00 PM; Friday, 8:30 AM to 1:30 PM
The Magistrate Court is part of the Sixth Judicial District of Idaho. The Clerk of the District Court oversees filings and records.
Parking and Access
Street parking is generally available around the courthouse in Arco. The building is accessible to the public during business hours, with security screening required for entry into courtrooms.
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 for Collection of Personal Property 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 directly to the co-owner or 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 a Petition for Probate of Will and Appointment of Personal Representative (Form CAO Pb 10) with the Butte County Magistrate Court. Include:
- Original Last Will and Testament (if applicable)
- Certified copy of the Death Certificate
- Filing fee of $166.00
- Application for Informal Probate (if proceeding informally)
Idaho allows for both Informal (administrative, less court supervision) and Formal (judicial, hearing required) probate proceedings.
Step 3: Provide Notice
After filing and appointment, you must:
- Mail notice of the appointment to all heirs, devisees, and interested parties within 30 days.
- Publish notice to creditors in a newspaper of general circulation in Butte County (such as The Arco Advertiser) once a week for three successive weeks.
Step 4: Attend the Hearing
For formal probate, the court will schedule a hearing on the petition. At the hearing, the judge reviews the petition and, if approved, issues Letters Testamentary or Letters of Administration. Informal probate typically does not require a hearing if the application is in order.
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 publication to file claims).
- File federal and state tax returns as needed.
- Distribute assets to beneficiaries.
- File a Statement of Closing or petition for final discharge to close the estate.
Local Requirements
Butte County-Specific Procedures
- Filing Method: Check with the Clerk's office regarding mandatory e-filing (iCourt) requirements for new probate cases.
- Publication: Notice to creditors is typically published in The Arco Advertiser.
- Hearings: Hearings are held at the Butte County Courthouse in Arco.
- Local Forms: While state forms are standard, the court may require a specific coversheet or local information sheet.
Always verify specific local rules with the court clerk before filing.
Timeline & Fees
Filing Fees (Butte County)
- Probate Filing Fee: approximately $166.00
- Certified copies of Letters: approximately $1.00 per page + certification fee
- Publication costs: approximately $100-$200 depending on the newspaper
- Recording fees: Varies by document length (for real estate deeds)
Payment Methods
The court accepts cash, checks, money orders, and credit/debit cards (often with a processing fee).
Estimated Timelines
- Small Estate Affidavit: Minimum 30-day waiting period after death.
- Informal Probate: Can be opened quickly; minimum 6 months to close (to allow for creditor claims).
- Average Estate: 6-9 months.
- Complex or Contested Estates: 12 months or longer.
Creditors have 4 months from the date of first publication to file claims against the estate.
Local Resources
Butte County Court Resources
- Court Website: https://buttecountyid.us/officials/clerk/
- Idaho Court Assistance Office (Self-Help): https://courtselfhelp.idaho.gov/
- Idaho Probate Forms: https://courtselfhelp.idaho.gov/Forms
Legal Aid and Attorney Referrals
- Idaho State Bar Lawyer Referral Service: https://isb.idaho.gov/lawyer-referral-service/
- Idaho Legal Aid Services: https://www.idaholegalaid.org/
Publication
- The Arco Advertiser: (208) 527-3038 — Local newspaper for legal notices.