Overview
Cassia County is located in Idaho with a population of approximately 25,000. The Cassia 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 Idaho Uniform Probate Code (Title 15). The process begins with filing a Petition for Probate of Will 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. If the value of the estate (excluding liens and encumbrances) does not exceed $100,000 and includes no real property, successors may use a Small Estate Affidavit to collect assets 30 days after death without full probate.
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 Cassia 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
Cassia County Magistrate Court
Probate matters in Cassia County are handled at the Cassia County Judicial Center.
Address: 1559 Overland Ave, Burley, ID 83318
Phone: (208) 878-7351 (Magistrate Court)
Hours: Monday through Friday, 8:30 AM to 5:00 PM
The Magistrate Court is located within the Judicial Center complex. Probate filings are processed through the court clerk's office.
Parking and Access
Free parking is generally available in the lot adjacent to the Judicial Center. Visitors must pass through security screening upon entering 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 be able to use an affidavit 30 days after death.
- Surviving Spouse: Summary administration procedures may be available for a surviving spouse to inherit 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 of Will and Appointment of Personal Representative with the Cassia County Magistrate Court. Include:
- Petition for Probate (Form CAO Pb 01 or similar)
- Original will and codicils (if any)
- Certified death certificate
- Filing fee (approximately $166.00)
- Renunciations or Nominations from other heirs (if applicable)
Note: Idaho requires mandatory e-filing for attorneys. Self-represented litigants may file in person, but e-filing via iCourt is encouraged.
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.
- Publish notice to creditors in a newspaper of general circulation in Cassia County (such as The Weekly News Journal or Times-News) once a week for three successive weeks.
Step 4: Attend the Hearing
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 (without a hearing) may be available for uncontested estates.
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 90 days of appointment
- Pay valid creditor claims and estate expenses
- File federal and state tax returns as needed
- Distribute assets to beneficiaries
- File a Statement of Closing or petition for final settlement to close the estate
Local Requirements
Cassia County-Specific Procedures
- E-Filing: Idaho utilizes the iCourt system. Attorneys are required to e-file.
- Local Rules: The 5th Judicial District rules apply.
- Mediation: Contested probate matters may be referred to mediation.
- Publication: Notice to creditors must be published in a newspaper of general circulation within Cassia County, such as The Weekly News Journal or Times-News.
Always check with the court clerk for the most current local forms and procedural requirements.
Timeline & Fees
Filing Fees (Cassia County)
- Petition for Probate (New Case): approximately $166.00
- Small Estate Affidavit: Generally no court fee if not filed; nominal recording fee if recorded.
- Certified copies of Letters: approximately $1.00 per page + certification fee
- Publication costs: approximately $100-$200 depending on the newspaper
- E-filing fees: Transaction fees may apply
Payment Methods
The court accepts cash, checks, money orders, and credit/debit cards (with a processing fee).
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 is 4 months from the date of first publication, which sets a minimum timeline for closing the estate.
Local Resources
Cassia County Court Resources
- Court Website: https://www.cassia.gov/magistrate-court
- 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
- The Weekly News Journal: (208) 678-2201 — Burley area
- Times-News: (208) 733-0931 — Regional circulation