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
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
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
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 component | Idaho figure | Source |
|---|---|---|
| Personal representative fee | Reasonable; no set % (often waived) | § 15-3-719 |
| Attorney fee | Reasonable; ~$3,500–$5,000 informal | § 15-3-715(21) |
| District court filing fee | ~$80–$200 | District Court |
| Small estate affidavit | $100,000 (personal property) | § 15-3-1201 |
| State estate / inheritance tax | None | Idaho State Tax Commission |