Idaho Probate Cost Calculator

Estimate the full cost of probate in Idaho — reasonable personal representative and attorney fees under the Uniform Probate Code (Idaho Code § 15-3-719, with no fixed percentage), plus court and publication costs. Idaho has no estate or inheritance tax.

Based on Idaho Code § 15-3-719 FigureMyTax Editorial Team Free · no sign-up

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Estimated total probate cost in Idaho
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How probate costs work in Idaho

Idaho has adopted the Uniform Probate Code, so most estates use registrar-handled informal probate through the magistrate division of the District Court — Ada (Boise), Canyon, Kootenai and the rest. Idaho is also a community property state, so a surviving spouse already owns half of marital assets outright, and only the decedent's half typically passes through probate. Both the personal representative fee and the attorney fee are reasonable, unscheduled amounts.

1. Personal representative fee — reasonable, no fixed percentage

Idaho Code § 15-3-719: "A personal representative is entitled to reasonable compensation for his services." No schedule. The representative may also renounce the fee, in full or in part, by written filing with the court.

In practice, reported Idaho personal representative fees often land in a rough 2%–4% range of estate value, but that's a market pattern, not a legal rate — any figure shown here is an illustrative estimate. Family representatives frequently waive the fee, since it's taxable income while an inheritance is not.

2. Attorney fee — also reasonable, also no schedule

§ 15-3-715(21): the personal representative may employ an attorney and pay reasonable compensation as part of administering the estate. § 15-3-720 separately covers attorney's fees for estate litigation brought in good faith. For a routine informal probate, Idaho attorney fees commonly run roughly $3,500–$5,000 as a flat fee, or hourly.

3. Court & other costs

  • Filing fee — commonly $80–$200, varying by county.
  • Publication to creditors — newspaper notice, three weeks, opening a 4-month claim window from first publication (~$100–$200).
  • Bond — may be required unless waived by the will or heirs.
  • Appraisal, certified copies — small additional costs.

4. No Idaho death tax

No estate or inheritance tax: Idaho imposes neither. Only the federal estate tax can apply, above the federal exemption — so nearly all Idaho estates owe no death tax.

5. When probate can be simplified in Idaho

  • Small estate affidavit (Idaho Code § 15-3-1201) — probate estate of $100,000 or less (net of liens), personal property only, 30 days after death. No court filing — presented directly to the asset holder.
  • Summary administration (§ 15-3-1205) — a streamlined court process when a surviving spouse is the sole beneficiary.
  • Community property with right of survivorship — passes automatically, no probate.
  • Informal probate — the default UPC track, minimal court involvement.
Cost componentIdaho figureSource
Personal representative feeReasonable; no set % (often waived)§ 15-3-719
Attorney feeReasonable; ~$3,500–$5,000 informal§ 15-3-715(21)
District court filing fee~$80–$200District Court
Small estate affidavit$100,000 (personal property)§ 15-3-1201
State estate / inheritance taxNoneIdaho State Tax Commission

Idaho probate cost — frequently asked questions

How much does probate cost in Boise (Ada County)?

The reasonable-fee standard and the no-death-tax rule are statewide; only the county District Court differs. In Ada (Boise), Canyon or Kootenai, a $300,000 estate might see a personal representative fee and an attorney fee each in a rough 2%–4% market range (family representatives often waive theirs), plus a filing fee of roughly $80–$200 and publication costs. There's no state death tax on top.

How does community property affect Idaho probate?

Idaho is a community property state, so a surviving spouse already owns an undivided half of assets acquired during the marriage — that half never enters the probate estate. Only the decedent's half of community property, plus any separate property, typically passes through probate, which can substantially shrink the estate subject to fees.

Is the personal representative fee automatic in Idaho?

No. Under 15-3-719 the representative is entitled to reasonable compensation, but they can renounce all or part of it by written filing with the court. Family representatives who are also beneficiaries frequently waive the fee, since it's taxable income while an inheritance is not.

Does Idaho have an estate or inheritance tax?

No. Idaho has no estate tax and no inheritance tax. Only the federal estate tax applies, and only to estates above the federal exemption, so almost all Idaho estates owe no death tax.

How long does probate take in Idaho?

A small estate affidavit can take a few weeks to two months. Informal probate typically takes 6–12 months, driven by the mandatory 6-month minimum open period tied to the 4-month creditor claim window.

This calculator provides an estimate for general guidance only and is not legal, tax, or financial advice. Idaho sets no statutory percentage for the personal representative fee (Idaho Code § 15-3-719) or the attorney fee (§ 15-3-715(21)) — both are reasonable amounts. Figures shown here are illustrative estimates, not statutory rates. The small estate affidavit limit is $100,000 of personal property, net of liens (§ 15-3-1201). Idaho has no estate or inheritance tax. Confirm current figures with the District Court or a licensed Idaho attorney before acting.