Overview
Lincoln County is located in Idaho with a population of approximately 5,556. The Lincoln 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 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.
Small Estate Affidavit: Idaho offers a simplified procedure for small estates. If the total value of the estate (excluding liens and encumbrances) does not exceed $100,000 and there is no real property, successors may file a small estate affidavit 30 days after death to collect assets without formal probate.
Fees: Idaho law allows for reasonable compensation for personal representatives and attorneys. There is no statutory percentage fee; fees are typically based on hourly rates or a flat fee agreed upon by the parties.
This guide provides an informational overview of the Lincoln 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
Lincoln County District Court
Probate matters in Lincoln County are handled at the Lincoln County Courthouse.
Address: 111 W. B Street, Suite C, Shoshone, ID 83352
Phone: (208) 886-2173 (District Court)
Hours: Monday through Friday, 8:30 AM to 5:00 PM
The Magistrate Division of the District Court has jurisdiction over probate proceedings. The Clerk's office is located within the courthouse and accepts filings in person or by mail.
Parking and Access
Public parking is available around the courthouse building in Shoshone. The facility is accessible to persons with disabilities.
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 a Small Estate Affidavit after a 30-day waiting period.
- Surviving Spouse: Idaho has summary administration procedures 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 with the Lincoln County District Court. Include:
- Petition for Probate of Will and/or Appointment of Personal Representative
- Original Last Will and Testament (if applicable)
- Certified copy of the Death Certificate
- Filing fee (approximately $166)
- Proposed Order and Letters
Idaho courts utilize the iCourt system. Check with the clerk regarding mandatory e-filing requirements for attorneys; self-represented litigants may often file in paper.
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 Lincoln County (such as The Lincoln County Journal or Times-News) once a week for three successive weeks.
Step 4: Attend the Hearing
For formal probate, the court will schedule a hearing. For informal probate (administrative), the clerk may approve the petition without a hearing if all paperwork is in order and no objections are filed. Upon approval, the court issues Letters Testamentary or Letters of Administration.
Step 5: Administer the Estate
After receiving Letters, the personal representative must:
- Notify creditors and allow 4 months for 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 formal closing to discharge duties.
Local Requirements
Lincoln County-Specific Procedures
- E-filing: Idaho has implemented the iCourt electronic filing system statewide. Attorneys are generally required to e-file.
- Local Rules: The 5th Judicial District may have specific local rules regarding case management.
- Publication: Notice to creditors must be published in a newspaper of general circulation within Lincoln County, such as The Lincoln County Journal.
- Hearings: Many routine probate matters in Lincoln County can be handled informally through the clerk without a court hearing, provided there are no disputes.
Timeline & Fees
Filing Fees (Lincoln County)
- Initial Probate Petition: approximately $166.00
- Small Estate Affidavit: No court filing fee (document is presented to asset holders, not filed with court, though recording with the recorder may incur a small fee if necessary).
- Certified copies of Letters: approximately $1.00 per page + certification fee
- Publication costs: approximately $100-$200 depending on the newspaper
Payment Methods
The court accepts cash, checks, money orders, and credit/debit cards (subject to a processing fee).
Estimated Timelines
- Simple estates (Informal): 6-9 months (minimum 4-month creditor period required)
- Average estates: 9-12 months
- Complex or contested estates: 12 months to 2+ years
Idaho law requires the estate to be open for at least the 4-month creditor claim period after publication of notice.
Local Resources
Lincoln County Court Resources
- Court Website: lincolncountyid.gov/district-court
- 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 Lincoln County Journal: (208) 886-7500 — Local legal notices
- Times-News (Twin Falls): (208) 733-0931 — Regional circulation