Overview
Shoshone County is located in Idaho with a population of approximately 14,074. The Shoshone 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 (Form CAO Pb 01) 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 estate is valued at $100,000 or less and includes no real property, successors may use a Small Estate Affidavit to collect assets after a 30-day waiting period.
Idaho does not have a statutory fee schedule for attorneys or executors; fees must be reasonable based on the services provided.
This guide provides an informational overview of the Shoshone 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
Shoshone County Magistrate Court
Probate matters in Shoshone County are handled at the Shoshone County Courthouse.
Address: 700 Bank Street, Suite 120, Wallace, ID 83873
Phone: (208) 752-1266 (Clerk of the District Court)
Hours: Monday through Friday, 9:00 AM to 5:00 PM
The court is located in the historic Shoshone County Courthouse in Wallace. The Clerk's office handles all probate filings.
Parking and Access
Street parking is available around the courthouse. The building is accessible to the public during 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 is valued at $100,000 or less and includes no real property, you may use this affidavit after 30 days.
- Summary Administration for Surviving Spouse: If the surviving spouse is the sole beneficiary, a simplified process may be available.
- 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 Shoshone County Magistrate Court. Include:
- Original Last Will and Testament (if applicable)
- Renunciations from other heirs (if applicable)
- Certified Death Certificate
- $166 filing fee
- Information for Background Check form
E-filing is mandatory for attorneys and available for self-represented litigants via iCourt.
Step 3: Provide Notice
After filing, you must:
- Mail notice of the hearing to all heirs, beneficiaries, and interested parties at least 10 days before the hearing
- Publish notice in a newspaper of general circulation in Shoshone County for three successive weeks
Step 4: Attend the Hearing
The court will schedule a hearing on the petition, typically 4 to 6 weeks after filing. At the hearing, the judge reviews the petition and, if approved, issues Letters Testamentary or Letters of Administration.
Step 5: Administer the Estate
After receiving Letters, the personal representative must:
- Publish notice to creditors and mail notice to known creditors. The creditor claim period is 4 months from the date of first publication.
- Inventory and appraise all estate assets within 3 months of appointment
- Pay valid creditor claims
- File federal and state tax returns as needed
- Distribute assets to beneficiaries
- File a final accounting and petition for discharge
Local Requirements
Shoshone County-Specific Procedures
- E-Filing: Idaho courts use the iCourt system for electronic filing.
- Background Checks: Proposed personal representatives may be subject to a background check.
- Mediation: Contested matters may be referred to mediation.
- Publication: Notice must be published in a newspaper of general circulation in Shoshone County for three successive weeks.
Check with the court clerk for any specific local forms or additional requirements.
Timeline & Fees
Filing Fees (Shoshone County)
- Probate Petition: approximately $166
- Background Check Fee: approximately $25
- Certified copies of Letters: approximately $2 per certified copy
- Publication costs: approximately $100-$200 depending on the newspaper
- Guardianship/Conservatorship filing: $166
Idaho law requires personal representative and attorney fees to be reasonable based on the services provided.
Payment Methods
The court accepts cash, check, money order, or credit card. Credit card payments may incur a service fee.
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 4-month creditor claim period sets a minimum duration for probate.
Local Resources
Shoshone County Court Resources
- Court Website: shoshonecounty.id.gov
- Probate Self-Help: Idaho Court Assistance Office
- Idaho Court Forms: Idaho Court Forms
Legal Aid and Attorney Referrals
- Idaho State Bar: (208) 334-4500 — Lawyer Referral Service
- Idaho Legal Aid Services: (208) 746-7541 — Coeur d'Alene Office
- Idaho State Bar Lawyer Referral Service: isb.idaho.gov
Publication
- Shoshone News-Press: (208) 752-1120 — Official newspaper for legal notices in Shoshone County
- Coeur d'Alene Press: (208) 664-8176 — Regional newspaper covering North Idaho