Back to Idaho
Ada County, ID Probate Information
Quick facts
| Item | Ada County details |
|---|---|
| Court | The magistrate division of the district court at the Ada County Courthouse. Probate is assigned to the magistrate division and heard by a magistrate judge (Idaho Code § 1-2208). |
| Courthouse address | Ada County Courthouse, 200 West Front Street, Boise, ID 83702. |
| Mailing address | Same as the street address: 200 West Front Street, Boise, ID 83702. |
| Clerk phone | (208) 287-6900. Ada County publishes option 4 for filing information and fees. |
| Court Assistance Office | (208) 287-6963 or (208) 287-6944, Room 1171 at the Ada County Courthouse. |
| Trial Court Administrator | 208-287-7500, the number Ada County publishes for questions about attending a hearing remotely. |
| Fax | (208) 287-6919. Published by Ada County as a court contact fax. |
| [email protected]. Ada County notes that email responses may be delayed. | |
| Hours | Monday through Friday, 8 a.m. to 5 p.m. Mountain time, closed on all federal holidays. Confirm current hours before traveling. |
| Filing fee | $166.00 to open a probate in the magistrate division, whether by petition for formal probate or application for informal probate, paid to the clerk of the district court. The figure is the sum of the $120 magistrate-division filing fee, a $26 judges' retirement fund fee, a $10 Idaho Code fund fee and a $10 civil administrative surcharge, as reflected in Appendix A effective July 12, 2024 (Idaho Code § 31-3201A, § 1-2003, § 73-213, § 31-3201). Confirm the current amount with the clerk of the district court in Ada County before you file. |
| Local forms | Ada County publishes two Court Assistance Office probate forms: the affidavit for collecting a decedent's personal property under Idaho Code § 15-3-1201 and a creditor claim form. Neither opens an estate. |
| E-filing | Attorneys must use iCourt File and Serve. A self-represented personal representative may use File and Serve but is not required to and may file on paper with the clerk of the district court (Idaho Rules for Electronic Filing and Service Rule 4). If a will is filed electronically, the original will must also be filed on paper within seven business days, excluding legal holidays (I.R.E.F.S. Rule 5(a)). |
| Case search | Idaho's iCourt Portal is at mycourts.idaho.gov. Ada County also publishes a daily court calendar for scheduled hearings. Access to court records is governed by Idaho Court Administrative Rule 32. |
| Remote appearance | Remote hearing access is the court's decision under Idaho R. Civ. P. 7.2. Ada County publishes remote-hearing instructions and courthouse device assistance, and the Fourth Judicial District's remote video testimony request must be filed at least 72 hours before it is needed. |
| Websites | Fourth Judicial District: https://isc.idaho.gov/district-4. Ada County judicial site: https://adacounty.id.gov/judicial-court/. Ada County clerk courts page: https://adacounty.id.gov/clerk/courts/. |
Before you begin — know the assets and liabilities
Before you file anything in Boise, identify what the estate owns, what is owed and whether each asset is probate property. If the only probate property is personal property with a fair market value, less liens and encumbrances, that does not exceed $100,000, the affidavit under Idaho Code § 15-3-1201 is presented to the holder 30 days after death and is not filed with the court. If estate settlement requires an opened case, Ada County has no posted form that opens probate, the opening fee is $166.00 under Idaho Code § 31-3201A and related fee statutes, and an original will must reach the clerk on paper if the will is filed electronically.
Sunset's asset discovery searches more than 2,300 financial institutions, so an Ada County family can understand accounts, balances and liabilities before deciding whether estate settlement needs a court filing, an affidavit under Idaho Code § 15-3-1201 or a lawyer's help.
Which court handles jurisdiction
Idaho has no separate court for decedents' estates: probate is a case class assigned to the magistrate division of the district court, which sits in every one of Idaho's 44 counties, and a magistrate judge hears it (Idaho Const. art. V, § 20; Idaho Code § 1-2201, § 1-2208). The papers are filed with the clerk of the district court at the Ada County Courthouse.
Probate for Ada County is filed at the county courthouse in Boise. Ada County is one of the four counties in Idaho's Fourth Judicial District, along with Valley, Boise and Elmore, which is how judges, local rules and district administration are organized; the estate case itself is filed at Ada County's own courthouse (Idaho Code § 1-805). Boise is Ada County's courthouse city and county seat. Boise County is a different county in the same judicial district.
Venue for the first informal or formal probate or appointment proceeding is the county where the decedent had domicile at death, or, if the decedent was not domiciled in Idaho, any Idaho county where the decedent left property (Idaho Code § 15-3-201).
The jurisdiction process
- Start with assets and debts. If the decedent's probate property is only personal property and its fair market value, less liens and encumbrances, does not exceed $100,000, the affidavit under Idaho Code § 15-3-1201 is presented to the holder 30 days after death and is not filed with the court.
- Prepare the opening papers if a court case is needed. Use an application for informal probate and a petition for formal probate (Idaho Code § 15-3-301, § 15-3-402). Ada County has not posted a probate opening form.
- File with the clerk of the district court at the Ada County Courthouse, 200 West Front Street, Boise, ID 83702. Venue is Ada County when the decedent had domicile here at death, or when a non-Idaho decedent left property here (Idaho Code § 15-3-201).
- Choose the filing route. Attorneys must file electronically through iCourt File and Serve. A self-represented personal representative may file through File and Serve but is not required to and may file on paper with the clerk of the district court; a self-represented filer who elects electronic filing must keep using it for the life of the case unless the court allows withdrawal (Idaho Rules for Electronic Filing and Service Rule 4).
- If there is a will and it is filed electronically, deliver the original will on paper to the clerk no more than seven business days, excluding legal holidays, after the electronic filing (I.R.E.F.S. Rule 5(a)).
- Pay $166.00 to open the probate, whether by petition for formal probate or application for informal probate. The figure is the sum of the $120 magistrate-division filing fee, a $26 judges' retirement fund fee, a $10 Idaho Code fund fee and a $10 civil administrative surcharge, as reflected in Appendix A effective July 12, 2024 (Idaho Code § 31-3201A, § 1-2003, § 73-213, § 31-3201). Confirm the current amount with the clerk of the district court in Ada County before you file.
- For informal probate, the registrar, in Idaho a magistrate judge or a district judge and not a clerk, makes the statutory findings and issues a written statement of informal probate or an informal statement of intestacy (Idaho Code § 15-1-307, § 15-3-302).
- Watch the death-date waiting periods. A written statement of informal probate may issue after at least five days have elapsed since death (Idaho Code § 15-3-302). An informal appointment may issue after at least 120 hours have elapsed since death, or 30 days if the decedent was a nonresident (Idaho Code § 15-3-307).
- If the matter is formal, it is conducted before a judge with notice to interested persons (Idaho Code § 15-1-201(20)), and Idaho has an express route for uncontested formal cases (Idaho Code § 15-3-405). In the Fourth Judicial District, the party who wants a hearing contacts the court's clerk to arrange a time certain, and a motion that is not noticed for hearing within fourteen days of filing, without a request that it be decided without a hearing, may be treated as withdrawn.
- Ask before relying on remote attendance. Idaho courts may hold certain hearings by telephone or video teleconference, and the decision is the court's (Idaho R. Civ. P. 7.2). Ada County publishes remote-hearing instructions, keeps devices at the courthouse for parties who need them, and provides a remote video testimony request process that requires filing at least 72 hours in advance and presiding-judge approval.
- After appointment, the personal representative receives letters testamentary if there is a will or letters of administration if there is not, and estate administration begins with the issuance of letters (Idaho Code § 15-1-201, § 15-3-103).
- Administer creditor issues. The personal representative may publish notice to creditors once a week for three successive weeks in a newspaper of general circulation in Ada County, which starts a claims bar that runs 4 months from the date of first publication; an actual-notice creditor has 4 months after the published notice or 60 days after mailing or delivery, whichever is later (Idaho Code § 15-3-801).
- Prepare the inventory within three months after appointment, send a copy to interested persons who request it, and file the original with the court only if you choose to (Idaho Code § 15-3-706).
- Close the estate under the applicable Idaho procedure, and confirm current scheduling and requirements with the clerk of the district court in Ada County at (208) 287-6900, option 4 for filing information and fees.
Forms and documents
Probate forms in Ada County
Idaho's Court Assistance Office publishes statewide court forms for divorce, custody, guardianship, conservatorship, name change, protection orders and small claims, and its browsable form library at courtselfhelp.idaho.gov/Forms has no probate section. Ada County's Court Assistance Office does publish two Court Assistance Office probate forms of its own. Neither form opens an estate, so a personal representative or an attorney drafts the application or petition from Idaho Code Title 15, chapter 3.
| Form | How it is used | Local note |
|---|---|---|
| Affidavit for collecting a decedent's personal property under Idaho Code § 15-3-1201 | For collecting personal property when the statutory conditions are met. The affidavit is presented to whoever holds the property and is not filed with the court. | Ada County publishes this Court Assistance Office probate form through its clerk's civil case paperwork pages. It cannot be used to transfer real property. |
| Claim against estate form, citing Idaho Code § 15-3-804 on its face | For a creditor presenting a claim against the estate. It does not open an estate. | Ada County publishes PDF and word-processing versions through its clerk's civil case paperwork pages. |
| Probate opening application or petition | Used to open informal probate or formal probate (Idaho Code § 15-3-301, § 15-3-402). | Ada County has not posted a probate opening form. Confirm current filing requirements with the clerk of the district court. |
| Most Frequently Asked Questions About Probate in Idaho | A Court Assistance Office publication for probate readers. | Available at https://courtselfhelp.idaho.gov/docs/publications/WP-1.pdf. |
Fees
The statewide court fee to open an Ada County probate is $166.00, as reflected in the Idaho Supreme Court Appendix A fee schedule effective July 12, 2024. That total includes the $120 magistrate-division filing fee, the $26 judges' retirement fund fee, the $10 Idaho Code fund fee and the $10 civil administrative surcharge (Idaho Code § 31-3201A, § 1-2003, § 73-213, § 31-3201).
The electronic filing system's vendor charges a separate $5.00 electronic filing fee, effective December 15, 2023. The vendor notice names civil protection order and criminal no-contact order exemptions for Guide and File users. A self-represented filer who stays on paper and needs paper or mail service from the court pays designated mail service fees to the clerk at filing under the Idaho Rules for Electronic Filing and Service Rule 4(b).
Ada County's Court Assistance Office publishes fee-waiver forms and instructions for asking the court to waive filing fees. Contact the Court Assistance Office for those forms and instructions.
Timeline
- Before filing, sort probate property from nonprobate transfers and identify debts. The affidavit under Idaho Code § 15-3-1201 is available only when its statutory conditions are met, including the $100,000 probate-property limit and the 30 days wait after death.
- Informal probate timing is set by Idaho statute, not by Ada County. A written statement of informal probate may issue after at least five days have elapsed since death (Idaho Code § 15-3-302), and an informal appointment may issue after at least 120 hours, or 30 days for a nonresident decedent (Idaho Code § 15-3-307).
- If a will is filed electronically, the original will must also be filed on paper with the clerk no more than seven business days, excluding legal holidays, after the electronic filing (I.R.E.F.S. Rule 5(a)).
- For a hearing in the Fourth Judicial District, the party who wants the hearing contacts the court's clerk to arrange a time certain. A motion that is not noticed for hearing within fourteen days of filing, without a request that it be decided without hearing, may be treated as withdrawn under the Fourth Judicial District local rules.
- Ada County publishes a daily court calendar, updated each morning and searchable by judge, case and time. Scheduled estate matters appear on that calendar, while case records are accessed through the iCourt Portal at mycourts.idaho.gov subject to Idaho Court Administrative Rule 32.
- A Fourth Judicial District remote video testimony request must be filed at least 72 hours before it is needed, and the presiding judge approves or denies it. Remote hearing procedure is governed by Idaho R. Civ. P. 7.2.
- The personal representative may publish notice to creditors once a week for three successive weeks in a newspaper of general circulation in Ada County, which starts a claims bar that runs 4 months from the date of first publication; mailed or delivered notice gives an actual-notice creditor 4 months after the published notice or 60 days after mailing or delivery, whichever is later (Idaho Code § 15-3-801).
- The inventory is due within three months after appointment. The personal representative must send a copy to interested persons who request it and may file the original with the court (Idaho Code § 15-3-706).
- Confirm current scheduling and requirements with the clerk of the district court in Ada County at (208) 287-6900, option 4 for filing information and fees.
Local nuance
Ada County-specific considerations
| Local point | What it means in Ada County |
|---|---|
| Phone routing | Ada County publishes several court numbers. Use (208) 287-6900 for the clerk of the district court and choose option 4 for filing information and fees. Use (208) 287-6963 or (208) 287-6944 for the Court Assistance Office. Use 208-287-7500 only for the Trial Court Administrator's Office, including questions about attending hearings remotely. |
| Magistrate assignment | Because of Ada County's case volume, the Administrative District Judge assigns Ada County magistrate judges to specific case types. Probate appears in its own assignment group alongside guardianships, conservatorships and miscellaneous civil matters. Probate is assigned to the magistrate division under Idaho Code § 1-2208 and Fourth Judicial District local Rule 13 points to Idaho Court Administrative Rule 5 for assignment of magistrates. |
| Local probate forms | Ada County publishes two Court Assistance Office probate forms: the affidavit for collecting a decedent's personal property under Idaho Code § 15-3-1201, which is not filed with the court, and a creditor claim form. Neither opens an estate. |
| Daily court calendar | Ada County publishes a daily court calendar online. It is searchable by judge, case and time, and scheduled estate matters appear on it. Court records are accessed through the iCourt Portal at mycourts.idaho.gov, subject to Idaho Court Administrative Rule 32. |
| Remote-hearing help | Ada County publishes remote-hearing instructions, including video instructions for Webex or Zoom, and keeps computers and mobile devices at the Ada County Courthouse for parties who need help attending a remote hearing. Whether a probate hearing may be attended remotely is the court's decision under Idaho R. Civ. P. 7.2. |
| Parking and security | The public uses the paved parking lot on the east side of the courthouse. The first hour is free, and each hour or part of an hour after that is $1.00, as published on Ada County's own court pages. Everyone goes through security to enter the Ada County Courthouse. |
| Boise location | Estate filings go to 200 West Front Street in Boise. Ada County's Juvenile Court is at a different Boise address and is not the estate filing counter. |
Recent updates
| Change | Date |
|---|---|
| Idaho's seven judicial districts launched new public websites, and the Fourth Judicial District site is now at https://isc.idaho.gov/district-4 (Idaho Code § 1-801). | August 11, 2026 |
| The Idaho Supreme Court Appendix A filing fee schedule for the district court and magistrate division took effect, pricing a petition for formal probate and an application for informal probate at $166.00 under Idaho Code § 31-3201A and related fee statutes. | July 12, 2024 |
| The Idaho Rules for Electronic Filing and Service rule that governs exceptions to electronic filing, and which carries the requirement that an original will filed electronically also be filed on paper within seven business days, was last amended effective July 1, 2025. | July 1, 2025 |
| The vendor's $5.00 electronic filing fee took effect. | December 15, 2023 |
| The Local Rules of the District Court and Magistrate Division for the Fourth Judicial District, including the hearing scheduling rule and the magistrate assignment rule, took effect. | April 2021 |
Page last reviewed: August 2026.
Scenarios
| Situation | Likely Ada County path | Where Sunset helps |
|---|---|---|
| Surviving spouse with co-owned home | First identify what was in the decedent's sole name. If an estate must be opened, the filing goes to the clerk of the district court at 200 West Front Street in Boise, with the $166.00 opening fee under Idaho Code § 31-3201A and related fee statutes. The registrar, a magistrate judge or district judge, handles informal probate under Idaho Code § 15-1-307 and § 15-3-302. If the surviving spouse is the sole devisee or heir, Idaho has a summary administration route under Idaho Code § 15-3-1205, including a telephonic-appearance option, but the surviving spouse who uses it assumes and is liable for indebtedness that might be a claim against the estate and there is no estate administration. | Sunset finds accounts and balances first, across more than 2,300 institutions, so the spouse can see whether estate settlement requires an Ada County filing. |
| Out-of-state adult child with a small estate | If the parent was domiciled in Ada County, venue is Ada County (Idaho Code § 15-3-201). If the probate property is only personal property worth no more than $100,000 in fair market value less liens and encumbrances, the affidavit under Idaho Code § 15-3-1201 is presented to the holder 30 days after death and is not filed with the court. If a probate is opened, a self-represented filer may use paper or iCourt File and Serve, but choosing electronic filing commits the filer to that route for the life of the case unless the court allows withdrawal (Idaho Rules for Electronic Filing and Service Rule 4). An original will must reach the clerk on paper within seven business days after any electronic filing (I.R.E.F.S. Rule 5(a)). | Sunset assembles the asset picture remotely, so a child outside Idaho can decide whether to open a case in Boise or use the Idaho Code § 15-3-1201 affidavit route. |
| Parent settling predeceased child's estate, home must be sold | A home sale usually requires authority over real property, and the Idaho Code § 15-3-1201 affidavit does not transfer real property. The parent opens a probate with the clerk of the district court at the Ada County Courthouse and acts under letters testamentary or letters of administration after appointment (Idaho Code § 15-1-201, § 15-3-103). A sale can involve buyers, lenders, title issues and creditors, so counsel often makes sense. Publishing notice to creditors may start a claims bar that runs 4 months from the date of first publication under Idaho Code § 15-3-801. | Sunset assembles the asset and liability picture and generates the probate packet, so the parent is not reconstructing finances by hand while a sale waits. |
Self-help resources
| Resource | How it helps | Contact |
|---|---|---|
| Court Assistance Office in Ada County | Reviews court forms for Ada County cases, provides legal information and offers referrals. The office says it cannot provide legal advice or legal representation. | 200 W Front Street, Room 1171, Boise, ID 83702. Phone: (208) 287-6963 or (208) 287-6944. Local page: https://courtselfhelp.idaho.gov/Local/Ada. |
| Clerk of the district court in Ada County | Procedural filing contact for the Ada County Courthouse. The clerk's office publishes option 4 for filing information and fees. | (208) 287-6900. Email: [email protected]. |
| Idaho Legal Aid Services | Statewide civil legal aid intake. It does not list probate among the matters it handles, so do not assume it will take an estate case. | Legal Advice Line: 208-746-7541. |
| Idaho State Law Library | Law library close to the Ada County Courthouse, useful for statute, rule and procedure research. | 501 W. Front Street, Boise ID 83702-7232. Phone: (208) 364-4555. Hours: Monday to Friday 8 a.m. to 5 p.m., closed weekends and legal holidays. Website: https://isll.idaho.gov/. |
| Idaho Volunteer Lawyers Program | Volunteer civil legal help through the Idaho Law Foundation, including advice-and-counsel clinics. Its wills clinic is estate planning, not estate administration. | https://ilf.idaho.gov/ivlp/legal-assistance/. |
| Idaho State Bar Lawyer Referral Service | Referrals to Idaho State Bar lawyers. Referral attorneys provide an initial consultation of up to half an hour at no fee, and the referral fee is $35 except for listed injury and workers' compensation matters, per the Idaho State Bar's Lawyer Referral Service page. | Idaho State Bar: (208) 334-4500. Website: https://isb.idaho.gov/lawyer-referral-service/. |
When to hire an attorney
A lawyer is not required for every Ada County estate, but counsel makes sense when the estate includes real property, a home sale, creditor disputes, a formal petition, a contested step, uncertainty about community property or an original will that must be handled through e-filing and paper filing. The Court Assistance Office in Ada County reviews forms and gives legal information, but it does not provide legal advice or representation, and Ada County has not posted a probate opening form. Sunset connects the family to a vetted local probate attorney.
How Sunset helps
Find the accounts and assets. Sunset searches more than 2,300 financial institutions to help an Ada County family identify accounts, balances and possible debts before deciding whether estate settlement needs a court filing at the Ada County Courthouse.
Generate the probate packet. When probate is needed, Sunset organizes the information used to prepare the Ada County application or petition, including asset details, family information and the documents needed for the clerk of the district court.
Find a local probate attorney. If the estate involves real property, a formal petition, creditor issues or a contested step, Sunset can connect the family with a vetted Idaho probate attorney familiar with Ada County practice.
Sunset is free for families. Sunset is free for families: a family can use Sunset to organize the estate settlement, find assets and understand the next filing step without paying Sunset.
Frequently asked questions
Where do I file probate in Ada County, Idaho?
File with the clerk of the district court at the Ada County Courthouse, 200 West Front Street, Boise, ID 83702. Probate is assigned to the magistrate division of the district court and a magistrate judge hears it (Idaho Code § 1-2201, § 1-2208). Venue is Ada County if the decedent had domicile here at death (Idaho Code § 15-3-201).
How much does it cost to file probate in Ada County?
It costs $166.00 to open a probate in the magistrate division, whether by petition for formal probate or application for informal probate. The figure is the sum of the $120 magistrate-division filing fee, a $26 judges' retirement fund fee, a $10 Idaho Code fund fee and a $10 civil administrative surcharge, as reflected in Appendix A effective July 12, 2024 (Idaho Code § 31-3201A, § 1-2003, § 73-213, § 31-3201). Confirm the current amount with the clerk of the district court in Ada County before you file. The electronic filing vendor charges a separate $5.00 electronic fee, effective December 15, 2023.
Can I file probate electronically in Ada County?
Attorneys must use iCourt File and Serve. A self-represented individual may use File and Serve but is not required to and may file on paper with the clerk of the district court (Idaho Rules for Electronic Filing and Service Rule 4). If a self-represented filer elects electronic filing, that filer must keep using it for the life of the case unless the court allows withdrawal. Guide and File is for Court Assistance Office forms and is not the route for opening a probate.
Do I have to give the original will to the court in Ada County?
Yes, if there is an original will. When a will is filed electronically, the original will and any pleading it is attached to must also be filed on paper with the clerk no more than seven business days, excluding legal holidays, after the electronic filing (I.R.E.F.S. Rule 5(a)). The Idaho Court Administrative Rules records-retention schedule provides that original wills shall never be destroyed (Idaho Court Administrative Rule 37).
Is there a hearing, and when will it be scheduled in Ada County?
Informal probate is conducted without notice to interested persons by the registrar and does not require a hearing (Idaho Code § 15-1-201(24), § 15-3-302). Formal proceedings are before a judge with notice to interested persons (Idaho Code § 15-1-201(20)), and Idaho has an express route for uncontested formal cases (Idaho Code § 15-3-405). In the Fourth Judicial District, each court controls its calendar, and the party who wants a hearing contacts the court's clerk to arrange a time certain.
Can I handle an Ada County probate remotely, or do I have to travel to Boise?
Some steps can be handled from outside Boise, but an original will must reach the clerk on paper if it is filed electronically (I.R.E.F.S. Rule 5(a)). Whether a particular hearing may be attended by telephone or video is the court's decision under Idaho R. Civ. P. 7.2. Ada County publishes remote-hearing instructions and keeps computers and mobile devices at the courthouse for parties who need help attending a remote hearing. The Fourth Judicial District's remote video testimony request must be filed at least 72 hours before it is needed and is approved or denied by the presiding judge. Confirm current hours and procedures with the clerk before you travel.
How do I look up an Ada County probate case?
Use the iCourt Portal at mycourts.idaho.gov for Idaho online records and payments. Ada County also publishes a daily court calendar, searchable by judge, case and time, where scheduled estate matters appear. Access to court records is governed by Idaho Court Administrative Rule 32.
Are there Ada County probate forms?
The Court Assistance Office's browsable statewide form library at courtselfhelp.idaho.gov/Forms has no probate section. Ada County publishes two Court Assistance Office probate forms: the affidavit for collecting a decedent's personal property under Idaho Code § 15-3-1201, which is not filed with the court, and a creditor claim form. Neither opens an estate, so the opening application or petition is drafted from Idaho Code Title 15, chapter 3.
Who decides an informal probate in Ada County, the clerk or a judge?
A judge. In Idaho, the registrar is a magistrate judge or a district judge, not a clerk (Idaho Code § 15-1-307, § 15-1-201(42)). The registrar makes the statutory findings and issues the written statement of informal probate and letters. The clerk of the district court takes filings, collects fees and keeps the court record.
Does Idaho charge an inheritance or estate tax on an Ada County estate?
No. The Idaho State Tax Commission states that Idaho has no gift tax or inheritance tax and that its estate tax for deaths expired in 2004, and the Idaho Code's estate and transfer tax chapter is repealed (tax.idaho.gov; Idaho Code Title 14, chapter 4). An estate may still owe federal tax and may still have to file an income tax return for the estate.
Shaped by the families we've helped
Thank you to the thousands of families who have trusted Sunset to help settle their loved ones' estates. This page is shaped by the questions they actually asked and the obstacles they actually hit — and that hard-won experience is what keeps it accurate, current, and genuinely useful to the families who come next.