Overview
Teton County is located in Idaho with a population of approximately 12,932. The District Court of the Seventh Judicial District, 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 Code (Uniform Probate Code). The process begins with filing a Petition for Probate (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 value of the estate (less liens and encumbrances) does not exceed $100,000, successors may use an Affidavit for Collection of Personal Property after a 30-day waiting period, avoiding full probate. There is also a Summary Administration process for surviving spouses.
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 Teton 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
Teton County Courthouse
Probate matters in Teton County are handled at the Teton County Courthouse.
Address: 150 Courthouse Drive, Driggs, ID 83422
Phone: (208) 776-8100 (Clerk of the District Court)
Hours: Monday through Friday, 9:00 AM to 5:00 PM
The Clerk of the District Court handles filings for the Magistrate Division, which oversees probate cases.
Parking and Access
Free public parking is available in the lot surrounding the courthouse. The building is ADA accessible.
Filing Process
Step 1: Determine If Probate Is Necessary
Before filing, assess whether formal probate is required:
- Affidavit for Collection of Personal Property: If the estate is valued at $100,000 or less and no real property is involved, you may use this affidavit 30 days after death.
- Summary Administration: Available for surviving spouses who are the sole 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 (Form CAO Pb 01) with the District Court. Include:
- Application for Informal Probate and Appointment of Personal Representative
- Original will and codicils (if any)
- Certified death certificate
- $166.00 filing fee (approximate)
- Renunciation of Right to Appointment (if applicable)
Idaho utilizes the iCourt system for e-filing, which is mandatory for attorneys and available for self-represented litigants.
Step 3: Provide Notice
After filing, you must:
- Mail notice of the hearing (or application) to all heirs, beneficiaries, and interested parties at least 14 days before the hearing (or within 30 days of appointment for informal probate)
- Publish notice in a newspaper of general circulation in Teton County for three successive weeks
Step 4: Attend the Hearing
The court will schedule a hearing on the petition, typically 2 to 4 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:
- Notify creditors by publishing notice once a week for three successive weeks (creditors have 4 months to file claims)
- 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
Teton County-Specific Procedures
- E-filing: Teton County uses the statewide iCourt (Odyssey) system. E-filing is encouraged for all parties.
- Mediation: Contested probate matters may be referred to mediation under the Seventh Judicial District rules.
- Local Court Rules: Parties should review the Seventh Judicial District Local Rules for specific courtroom decorum and scheduling.
- Publication: Notice must be published in a newspaper of general circulation in Teton County for three successive weeks.
Always check with the Clerk of the District Court for the most current local forms and procedural requirements.
Timeline & Fees
Filing Fees (Teton County)
- Petition for Probate: approximately $166.00
- Summary Administration (Small Estate): approximately $130.00
- Certified copies of Letters: approximately $10-$15 per certified copy
- Publication costs: approximately $100-$200 depending on the newspaper
- Small Claims Filing: approximately $69.00
Idaho law requires attorney and personal representative fees to be reasonable; there is no statutory percentage.
Payment Methods
The court accepts cash, checks, money orders, and credit/debit cards (subject to a processing fee).
Estimated Timelines
- Simple estates (no disputes, limited assets): 6-9 months
- Average estates: 9-15 months
- Complex or contested estates: 18 months to 2 years
The creditor claim period in Idaho is 4 months from the date of the first publication of notice to creditors, which significantly influences the minimum timeline.
Local Resources
Teton County Court Resources
- Court Website: tetoncountyidaho.gov
- Probate Self-Help: Idaho Court Assistance Office
- Idaho Probate Forms: Idaho Court Forms
Legal Aid and Attorney Referrals
- Idaho State Bar: (208) 334-4500 — Lawyer Referral Service
- Idaho Legal Aid Services: (208) 524-3660 — Idaho Falls Office (serves Teton County)
- State Bar Lawyer Referral: isb.idaho.gov
Publication
- Teton Valley News: (208) 354-8101 — Newspaper of general circulation
- Post Register: (208) 522-1800 — Regional newspaper