Overview
Custer County is located in Idaho with a population of approximately 4,597. The Magistrate Division of the District 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 (or Petition for Adjudication of Intestacy) 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 total value of the estate's personal property (excluding liens and encumbrances) does not exceed $100,000, and there is no real property, successors may use an Affidavit for Collection of Personal Property after a 30-day waiting period.
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 Custer 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
Custer County Courthouse
Probate matters in Custer County are handled at the Custer County Courthouse.
Address: 801 Main Ave., Challis, ID 83226
Phone: (208) 879-2360 (Clerk of the District Court)
Hours: Monday through Friday, 8:00 AM to 5:00 PM
The Clerk of the District Court's office is located within the courthouse and accepts all probate filings. The Magistrate Court presides over probate hearings.
Parking and Access
Street parking is generally available around the courthouse in Challis. The building is accessible to the public during standard 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 only of personal property valued at $100,000 or less, you may be able to use an affidavit 30 days after death.
- Survivorship/Beneficiary Designations: Assets with named beneficiaries (POD/TOD accounts, life insurance) or held in joint tenancy with right 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 with the Custer County District Court. Include:
- Petition for Probate of Will and Appointment of Personal Representative
- Original will and codicils (if any)
- Certified death certificate
- Filing fee (approximately $166)
- Renunciations or Nominations from other heirs (if applicable)
Note: Idaho requires mandatory e-filing for most civil cases through the iCourt system.
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 Custer County (such as The Challis Messenger) 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, granting the personal representative authority to act.
Step 5: Administer the Estate
After receiving Letters, the personal representative must:
- Notify known creditors and allow the 4-month creditor claim period to run.
- Inventory and appraise all estate assets within 3 months 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
Custer County-Specific Procedures
- E-filing: Custer County utilizes the Idaho iCourt system (Odyssey). Electronic filing is generally mandatory for attorneys and encouraged for self-represented litigants.
- Local Rules: The 7th Judicial District may have specific local rules regarding scheduling and remote hearings. Check with the clerk for current protocols.
- Publication: Notice to creditors must be published in a newspaper of general circulation within the county, such as The Challis Messenger.
Always check with the Clerk of the District Court for the most up-to-date local forms and filing requirements.
Timeline & Fees
Filing Fees (Custer County)
- Petition for Probate: approximately $166
- Certified copies of Letters: approximately $10-$20 per copy
- Publication costs: approximately $100-$200 depending on the newspaper
- E-filing fees: vary by service provider (typically small transaction fees)
Payment Methods
The court accepts cash, checks, money orders, and credit/debit cards (often with a processing fee). E-filing fees are paid online via credit card.
Estimated Timelines
- Simple estates (no disputes, limited assets): 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 first publication of notice. The estate generally cannot be closed until this period expires.
Local Resources
Custer County Court Resources
- Court Website: custercountyidaho.org
- Probate Self-Help: courtselfhelp.idaho.gov
- Idaho Probate Forms: courtselfhelp.idaho.gov/Forms
Legal Aid and Attorney Referrals
- Idaho State Bar: (208) 334-4500 — isb.idaho.gov
- Idaho Legal Aid Services: (208) 746-7541 — idaholegalaid.org
Publication
- The Challis Messenger: (208) 879-4445 — Newspaper of general circulation for legal notices.