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Bannock County, ID Probate Information
Quick facts
| Item | Detail |
|---|---|
| Court | Bannock County District Court, magistrate division, at the Bannock County Courthouse (Idaho Code § 1-2208) |
| Courthouse address | 624 East Center Street, Room 211, Pocatello, ID 83201 |
| Mailing | Same as courthouse address |
| Phone | Magistrate division line: (208) 236-7351. Clerk of the district court office: (208) 236-7358. Courthouse main line: (208) 236-7342. |
| Fax | Clerk of the district court fax: (208) 236-7345. This is a contact number, not permission to file by fax. |
| Hours | Monday through Friday, 8:00 a.m. to 5:00 p.m., closed on holidays. Holiday schedules, including early or all-day closures, can change hours, so call before making a trip. |
| Filing fee | $166.00 to open a probate in the magistrate division, effective July 12, 2024, whether by petition for formal probate or application for informal probate. The amount includes the $120 magistrate-division filing fee, the $26 judges' retirement fund fee, a $10 Idaho Code fund fee and a $10 civil administrative surcharge (Idaho Code § 31-3201A, § 1-2003, § 73-213, § 31-3201). |
| Local forms | No Bannock County probate packet is published. Court Assistance Office materials at courtselfhelp.idaho.gov cover other civil matters and document review, but an estate application or petition is drafted from Idaho Code Title 15, chapter 3. |
| Electronic filing | Idaho courts use iCourt File and Serve under the Idaho Rules for Electronic Filing and Service. Attorneys file electronically; a self-represented individual may use File and Serve or file on paper with the clerk (I.R.E.F.S. Rule 4(a), Rule 4(b)). A $5.00 electronic filing vendor fee has applied as of December 15, 2023. |
| Original will | If a case with a will is filed electronically, the original will and any pleading attached to it must also be filed on paper within seven business days, excluding legal holidays (I.R.E.F.S. Rule 5(a)). |
| Case lookup | Idaho's iCourt Portal is at mycourts.idaho.gov. Access to court records is governed by Idaho Court Administrative Rule 32. |
| Remote appearance | Idaho R. Civ. P. 7.2 allows the court to hold certain matters by telephone or video teleconference. Ask the clerk what the assigned judge requires. |
| Court website | https://isc.idaho.gov/district-6 |
Before you begin — know the assets and liabilities
Know what the estate holds and what it owes before you go to the clerk of the district court in Pocatello. If the decedent's probate property was 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 thirty days after the death to whoever holds the property, and no court filing happens. If an estate does have to be opened, the filing fee is $166.00, effective July 12, 2024, under Idaho Code § 31-3201A and related fee statutes, an original will has to reach the counter on paper, and no published Bannock County packet opens a probate.
Sunset's asset discovery searches more than 2,300 financial institutions, so a Bannock County family can see accounts, balances and debts before drafting the application or petition. That early asset picture often decides whether estate settlement here needs the court at all.
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 Bannock County Courthouse.
Probate for Bannock County is filed with the clerk of the district court at the county courthouse in Pocatello. Bannock County is one of the six counties in Idaho's Sixth Judicial District, which is how judges, local rules and district administration are organized; the case itself is filed at this county's own courthouse (Idaho Code § 1-807, § 15-3-201).
Venue for the first informal or formal testacy or appointment proceeding is the county where the decedent was domiciled at death, or, if the decedent was not domiciled in Idaho, any county where property was located at death (Idaho Code § 15-3-201; formal testacy proceedings begin under Idaho Code § 15-3-401). Bannock County has one courthouse and one filing counter for estate filings.
The jurisdiction process
- Start with the asset list and debt list. If the decedent's probate property was personal property only and its fair market value less liens and encumbrances does not exceed $100,000, effective July 1, 2006, the affidavit under Idaho Code § 15-3-1201 is presented to whoever holds the property thirty days after death, and nothing is filed with the court.
- Choose the opening document if a court case is needed. An informal proceeding is opened by an application; a formal proceeding is opened by a petition (Idaho Code § 15-3-301, § 15-3-402). No Bannock County probate packet is published at courtselfhelp.idaho.gov, so the personal representative or an attorney drafts the application or petition from Idaho Code Title 15, chapter 3.
- File with the clerk of the district court at the Bannock County Courthouse, 624 East Center Street, Room 211, Pocatello. Bannock County is the proper venue when the decedent was domiciled here (Idaho Code § 15-3-201).
- Use the correct filing route. Attorneys file electronically under the Idaho Rules for Electronic Filing and Service, while a self-represented individual may file through iCourt File and Serve or on paper at the counter (I.R.E.F.S. Rule 4(a), Rule 4(b)). A self-represented filer who chooses electronic filing must keep using it for the life of the case unless the court allows withdrawal.
- If there is a will and the case is filed electronically, deliver the original will to the clerk on paper too. The original will and any pleading attached to it must be filed both electronically and conventionally, with the paper filing made no more than seven business days after the electronic filing, excluding legal holidays (I.R.E.F.S. Rule 5(a)).
- Pay the $166.00 opening filing fee, effective July 12, 2024, to the clerk of the district court unless the court grants a fee waiver. The $166.00 amount includes the $120 magistrate-division filing fee, a $26 judges' retirement fund fee, a $10 Idaho Code fund fee and a $10 civil administrative surcharge (Idaho Code § 31-3201A, § 1-2003, § 73-213, § 31-3201). If the fee is out of reach, the fee-waiver request goes in before the petition or application, on a sworn affidavit, and a judge decides it (Idaho Code § 31-3220).
- Expect assignment at filing. In Bannock County, the clerk assigns each case to a specific judge when it is filed, and the Sixth Judicial District's local rules designate magistrate judges to hear estate and probate matters (Idaho Code § 1-2208).
- For informal probate, the registrar acts without a hearing and without notice to interested persons. In Idaho the registrar is a magistrate judge or a district judge, not a clerk, and the registrar issues the written statement of informal probate once at least five days have elapsed since death and appoints the personal representative once at least 120 hours have elapsed (Idaho Code § 15-1-201(24), § 15-1-307, § 15-3-302, § 15-3-307).
- For formal probate, the matter is conducted before a judge with notice to interested persons, and Idaho has an express route for uncontested formal cases (Idaho Code § 15-1-201(20), § 15-3-401, § 15-3-405). If a Bannock County hearing has to be set, contact the deputy clerk for the assigned judge. Idaho R. Civ. P. 7.2 allows the court to hold listed matters by telephone or video teleconference, and the court decides.
- After appointment, order the letters that prove authority. Letters testamentary are used when there is a will, letters of administration are used when there is not, and administration begins with the issuance of letters (Idaho Code § 15-1-201, § 15-3-103). Ask the clerk how many certified copies to order.
- Administer and close the estate. The personal representative prepares an inventory within three months after appointment, sends a copy to interested persons who ask for it, and may file the original with the court (Idaho Code § 15-3-706). Publishing notice to creditors is permitted, and publication once a week for three successive weeks is what starts the four-month bar running, with a 60-day period for a creditor given actual notice by mail or delivery (Idaho Code § 15-3-801). Estate settlement in Idaho is a paperwork job as much as a court job.
Forms and documents
Probate forms in Bannock County
The statewide Court Assistance Office form library at courtselfhelp.idaho.gov lists forms for divorce, custody, child support, conservatorship, guardianship, housing, name change, protection orders, small claims and other civil matters. The Sixth District Court Assistance Office at the Bannock County Courthouse publishes downloadable packets for divorce, paternity and custody, modification, name change, eviction, a response to a civil collections complaint, small claims and a fee waiver.
Neither published set includes a Bannock County probate packet. A personal representative or an attorney drafts the informal application or formal petition from Idaho Code Title 15, chapter 3. The Court Assistance Office can review completed civil court forms and explain process, but it cannot give legal advice or choose the probate route for you.
Idaho has a statewide probate publication titled "Most Frequently Asked Questions About Probate in Idaho" at https://courtselfhelp.idaho.gov/docs/publications/WP-1.pdf. If you need help finding the right starting point, contact the Sixth District Court Assistance Office at courtselfhelp.idaho.gov/Local/Bannock before filing.
Timeline
- Before filing, decide whether a court case is needed. The $100,000 personal-property affidavit, effective July 1, 2006, is presented to the holder of the property after thirty days and is governed by Idaho Code § 15-3-1201.
- If a probate case is opened, the clerk of the district court assigns the case to a judge at filing. Bannock County's local rules designate magistrate judges to hear estate and probate matters (Idaho Code § 1-2208).
- If the $166.00 filing fee, effective July 12, 2024, is out of reach, file the fee-waiver request before the petition or application. A judge decides the request (Idaho Code § 31-3220; Idaho Code § 31-3201A).
- In an informal proceeding, the registrar, a magistrate judge or district judge, may issue the written statement of informal probate after five days and appoint the personal representative after 120 hours (Idaho Code § 15-1-307, § 15-3-302, § 15-3-307).
- If the case is filed electronically and there is a will, the original will must also be filed on paper no more than seven business days after the electronic filing, excluding legal holidays (I.R.E.F.S. Rule 5(a)).
- If a hearing is needed, Bannock County's local rules direct the party to contact the deputy clerk for the assigned judge to schedule any hearing outside the published calendars. No Bannock County probate hearing day or filing-to-hearing window is published.
- No clerk or deputy clerk signs a judgment in Bannock County. Proposed judgments go to the judge assigned to the case for review and signature.
Local nuance
Bannock County-specific considerations
| Local point | What it means for a probate filing |
|---|---|
| Sixth Judicial District administration is in Pocatello | Bannock County is the administrative seat of Idaho's Sixth Judicial District. Three of the district's four resident district-judge chambers are in Bannock County and one is in Caribou County (Idaho Code § 1-807). The district's court administration office is also at the Bannock County Courthouse. A Bannock County filer does not leave the county to file. |
| Estate matters have a Bannock-specific assignment | The Sixth Judicial District's local rules, amended by administrative order in August 2026, include special case assignments for Bannock County. Under that block, designated magistrate judges hear estate and probate matters (Idaho Code § 1-2208). The page names the office, not the judges, because assignments can change. |
| Judges sign orders | The same local rules say no clerk or deputy clerk signs any judgment and proposed judgments go to the judge assigned to the case. That lines up with Idaho's registrar rule: in an informal proceeding, the registrar is a magistrate judge or district judge, not a clerk (Idaho Code § 15-1-307). |
| Court navigation moved to the district site | Bannock County's court information now points readers to the Sixth Judicial District site at https://isc.idaho.gov/district-6. The clerk's own county page remains the place for the clerk of the district court's address, hours, phone and fax. |
Recent updates
| Change | Date |
|---|---|
| The Sixth Judicial District's local rules were amended, and the amended rules include Bannock County's special case assignments for estate and probate matters. | August 2026 |
| Idaho's seven judicial districts launched new public websites under Idaho Code § 1-801, and the Sixth Judicial District site is now at https://isc.idaho.gov/district-6. | August 11, 2026 |
| The Idaho Supreme Court's 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 (Idaho Code § 31-3201A). | July 12, 2024 |
Scenarios
| Scenario | Local path | Where Sunset helps |
|---|---|---|
| Surviving spouse with co-owned home | A surviving spouse with a co-owned Pocatello home usually starts by separating the house from whatever was in the decedent's sole name. If an estate has to be opened, the application or petition goes to the clerk of the district court at the Bannock County Courthouse, and the $166.00 filing fee, effective July 12, 2024, applies (Idaho Code § 31-3201A). The registrar, a magistrate judge or district judge, issues the written statement of informal probate after the statutory wait (Idaho Code § 15-1-307, § 15-3-302, § 15-3-307). If the spouse is the sole devisee or heir, Idaho also has a summary administration route that reaches any property and lets the petitioner move to appear telephonically, but the spouse assumes liability for indebtedness that might be a claim against the estate (Idaho Code § 15-3-1205). Idaho is a community property state under Idaho Code. | Sunset searches more than 2,300 institutions to find accounts and balances first, so the spouse knows whether estate settlement needs a court filing before drafting a page. |
| Out-of-state adult child with a small estate | An adult child outside Idaho files in Bannock County if the decedent was domiciled here (Idaho Code § 15-3-201). If the probate property was personal property worth no more than $100,000 in fair market value less liens and encumbrances, effective July 1, 2006, the affidavit under Idaho Code § 15-3-1201 is presented to whoever holds the property thirty days after death, and no trip to Pocatello is needed for that route. If an estate must be opened, a self-represented filer may use iCourt File and Serve under the Idaho Rules for Electronic Filing and Service, but an original will still has to reach the clerk on paper within seven business days after the electronic filing (I.R.E.F.S. Rule 5(a)). | Sunset assembles the asset picture and the paperwork remotely, so an out-of-state child can see what Bannock County will need before deciding whether to travel. |
| Parent settling predeceased child's estate, home must be sold | A parent settling a child's estate where a house must be sold usually needs letters, because a buyer's title company will want to see the personal representative's authority. Idaho uses letters testamentary when there is a will and letters of administration when there is not, and administration starts with the issuance of letters (Idaho Code § 15-1-201, § 15-3-103). That means opening an estate with the clerk of the district court in Bannock County, paying the $166.00 filing fee, effective July 12, 2024 (Idaho Code § 31-3201A), and asking how many certified copies to order. Publishing notice to creditors is permitted, and publication starts the four-month bar with a 60-day actual-notice period (Idaho Code § 15-3-801). The inventory is prepared within three months after appointment (Idaho Code § 15-3-706). | Sunset builds the inventory the court and the buyer both need, tracks debts against the property, and connects the family to a local probate attorney when the sale needs one. |
Self-help resources
| Resource | How it helps in Bannock County | Contact |
|---|---|---|
| Sixth District Court Assistance Office | The Court Assistance Office at courtselfhelp.idaho.gov provides resources, court forms, document review and legal information for people representing themselves in civil matters. It does not give legal advice, does not represent either side, and its published packet list does not include a Bannock County probate packet. | Bannock County Courthouse, 624 East Center Street, Room 106, Pocatello, ID 83201. Phone: (208) 236-7067. Text: 208-538-4816. Email: [email protected]. Hours: Monday through Friday, 8:00 a.m. to 5:00 p.m. |
| Idaho Legal Aid Services | Idaho Legal Aid Services is the statewide civil legal aid provider. It does not list probate among the matters it handles, so use it as an intake point for possible civil legal help, not as a promised estate representative. | Legal Advice Line: 208-746-7541. Pocatello office: 109 N Arthur Avenue, Suite 302, Pocatello, ID 83204. |
| Idaho Volunteer Lawyers Program | The Idaho Volunteer Lawyers Program at ilf.idaho.gov/ivlp/legal-assistance/ provides civil legal help through volunteer attorneys for people who qualify financially. Its advice-and-counsel clinics offer a half hour of free advice by appointment, and its wills clinic is estate planning, not estate administration. | Apply through the Idaho Volunteer Lawyers Program. |
| Idaho State Bar Lawyer Referral Service | The Idaho State Bar Lawyer Referral Service can connect callers with an attorney for an initial consultation of up to a half hour at no fee. The Idaho State Bar page listed a $35 referral fee in August 2026, except for case types the page excludes from that fee. | Idaho State Bar: (208) 334-4500. Website: isb.idaho.gov/lawyer-referral-service/. |
When to hire an attorney
Idaho does not require a personal representative to hire a lawyer, and the Court Assistance Office at courtselfhelp.idaho.gov gives legal information and document review for self-represented people. In Bannock County, counsel often makes sense when there is no published probate packet, a home must be sold, the original will has to be coordinated with electronic filing, creditors are active, family members disagree, or a hearing needs to be set through the assigned judge's deputy clerk. Sunset connects families to a vetted local probate attorney.
How Sunset helps
Find the accounts and assets. Sunset searches more than 2,300 financial institutions to help identify accounts, balances and debts before a Bannock County family files anything. That asset map helps determine whether estate settlement can stay outside a court case or needs the clerk of the district court in Pocatello.
Generate the probate packet. When a court filing is needed, Sunset helps organize the information needed for the application or petition, the inventory, the interested-person list and the documents a personal representative will need after letters issue. Bannock County does not publish a probate packet at courtselfhelp.idaho.gov, so organization matters.
Find a local probate attorney. If the estate involves real property, creditor issues, family conflict, electronic filing questions or a formal hearing, Sunset can connect the family with a probate attorney who works in Idaho.
Sunset is free for families. Sunset assembles the estate settlement workspace, asset search and attorney connection at no cost to families.
Frequently asked questions
Where do I file probate in Bannock County, Idaho?
File with the clerk of the district court at the Bannock County Courthouse, 624 East Center Street, Room 211, Pocatello, ID 83201. 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 Bannock County if the decedent was domiciled here (Idaho Code § 15-3-201).
How much does it cost to open a probate case in Bannock County?
The opening filing fee is $166.00, effective July 12, 2024, whether the case is opened by petition for formal probate or application for informal probate. The amount includes the $120 magistrate-division filing fee, the $26 judges' retirement fund fee, a $10 Idaho Code fund fee and a $10 civil administrative surcharge (Idaho Code § 31-3201A, § 1-2003, § 73-213, § 31-3201). Confirm the current amount with the clerk before filing.
Do I have to file electronically in Bannock County?
Attorneys file electronically under the Idaho Rules for Electronic Filing and Service (I.R.E.F.S. Rule 4(a)). A self-represented individual may file through iCourt File and Serve or on paper with the clerk (I.R.E.F.S. Rule 4(b)). If a self-represented filer chooses electronic filing, that choice continues for the life of the case unless the court allows withdrawal. A $5.00 electronic filing vendor fee has applied as of December 15, 2023.
If there is a will, does the original have to go to the courthouse in Pocatello?
Yes, if the case is filed electronically. Any original will, and any pleading attached to it, must be filed both electronically and conventionally, with the paper filing made no more than seven business days after the electronic filing, excluding legal holidays (I.R.E.F.S. Rule 5(a)). Idaho court retention rules also state that original wills shall never be destroyed, and access to court records is governed by Idaho Court Administrative Rule 32.
Who decides an informal probate in Bannock County, the clerk or a judge?
A judge. In Idaho the registrar is a magistrate judge or a district judge (Idaho Code § 15-1-307, § 15-1-201), and the registrar makes the statutory findings and issues the written statement of informal probate without a hearing (Idaho Code § 15-3-302). The clerk of the district court takes the filing, collects the fee and keeps the file.
Which judge will hear my Bannock County estate case?
A magistrate judge hears estate matters assigned to the magistrate division (Idaho Code § 1-2208). In Bannock County, the clerk assigns each case to a specific judge when it is filed, and the Sixth Judicial District's local rules include special case assignments under which designated magistrate judges hear estate and probate matters. Ask the clerk which judge is assigned to your case.
Is there a hearing, and can it be by telephone or video teleconference?
An informal proceeding is conducted without a hearing and without notice to interested persons (Idaho Code § 15-1-201, § 15-3-302). A formal proceeding is conducted before a judge with notice, and Idaho has an express route for uncontested formal cases (Idaho Code § 15-1-201, § 15-3-401, § 15-3-405). Idaho R. Civ. P. 7.2 lets the court hold listed matters by telephone or video teleconference, and the court decides. One route, summary administration where a surviving spouse is the sole beneficiary, lets the petitioner move to appear telephonically (Idaho Code § 15-3-1205).
Can I look up a Bannock County probate case online?
Idaho publishes the iCourt Portal at mycourts.idaho.gov for online records and payments. What is visible for a particular Bannock County probate case is governed by Idaho Court Administrative Rule 32, so call the clerk of the district court to confirm. Requests for copies of a Bannock County case file go to Bannock County because the county where the case was filed holds the file.
Are there Bannock County probate forms?
No Bannock County probate packet is published. The Court Assistance Office at courtselfhelp.idaho.gov publishes and reviews forms for many civil matters, and the Sixth District Court Assistance Office publishes packets for several non-estate matters, but a personal representative drafts the estate application or petition from Idaho Code Title 15, chapter 3. The office can explain process and review completed forms, but it cannot give legal advice.
Do I have to travel to Pocatello to settle an estate?
Not always. If the probate property is personal property worth no more than $100,000 in fair market value less liens and encumbrances, effective July 1, 2006, the affidavit under Idaho Code § 15-3-1201 is presented to whoever holds the property thirty days after death and is not filed with the court. If an estate must be opened, a self-represented filer may use iCourt File and Serve under the Idaho Rules for Electronic Filing and Service, but an original will still has to reach the clerk on paper within seven business days after the electronic filing. If a hearing is set, ask the clerk what the assigned judge will allow under Idaho R. Civ. P. 7.2.
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.