Quick answer: Idaho does not set probate attorney fees by a statutory percentage. Under Idaho Code § 15-3-715(21), the personal representative may employ an attorney at reasonable compensation. For a routine informal probate, Idaho attorney fees commonly run a flat $3,500–$5,000. Estimate the whole picture in the Idaho probate cost calculator.
Two provisions, both reasonable, neither fixed
§ 15-3-715(21): lets the personal representative employ attorneys, auditors, or agents to assist with administration, at reasonable compensation. § 15-3-720: covers attorney's fees specifically when the personal representative defends or prosecutes a proceeding in good faith, whether successful or not.
How Idaho probate lawyers bill
- Flat fee — common for a routine, uncontested informal probate, often $3,500–$5,000.
- Hourly — for more complex or contested matters.
- Percentage of estate value — by agreement in some cases; reported figures often fall in a rough 2%–4% range, but this is a market pattern, not a legal rate.
No fixed schedule: whatever the billing method, there is no statutory percentage to fall back on. For a simple estate, a flat fee is often cheaper than a percentage of value.
Facing probate in Idaho?
Talk to an Idaho attorneyA local probate attorney can review your estate — many offer a free consultation.
Questions to ask before hiring
- Do you charge a flat fee, hourly, or a percentage — and what's your estimate for an estate like mine?
- Is your fee separate from the personal representative fee? (Usually yes.)
- Can this estate use the $100,000 small estate affidavit and skip full probate?
- Will informal probate work, or does anything require a formal proceeding?
Ways to reduce legal fees
- Small estate affidavit — personal property up to $100,000, usually no attorney needed.
- Summary administration — for a surviving spouse as sole beneficiary, less attorney time.
- Negotiate a flat fee for a simple, uncontested informal probate.