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Benewah County, ID Probate Information
Quick facts
| Item | Benewah County information |
|---|---|
| Court | Benewah County District Court, magistrate division, at the Benewah County Courthouse (Idaho Code § 1-2208). |
| Courthouse address | 701 W College Ave, Suite 203, St. Maries, ID 83861. |
| Mailing | The county's Court department page lists the courthouse address. Call the clerk of the district court before mailing an original will or other probate papers. |
| Phone | District Court phone: (208) 245-3241. Courthouse main switchboard: (208) 245-3212. |
| Fax | (208) 245-3046. A fax number is published, but no rule allowing probate filing by fax is stated here. |
| Hours | Monday through Friday, 9:00 a.m. to 5:00 p.m. No midday closure or filing cutoff is stated on the county's Court department page. |
| Filing fee | $166.00 to open a probate in the magistrate division, whether by petition for formal probate or application for informal probate, as reflected in Appendix A effective July 12, 2024. 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 | Benewah County's local Court page does not list a county-specific probate packet. Ask the Court Assistance Office about the statewide Pb probate form series at courtselfhelp.idaho.gov. |
| E-filing status | Attorneys must use Idaho's electronic filing system. A self-represented personal representative may use iCourt File and Serve or file on paper with the clerk, but choosing electronic filing keeps the filer in that system for the life of the case unless the court allows withdrawal (Idaho Rules for Electronic Filing and Service Rule 4). |
| Original will | Even in an e-filed case, the original will must also be filed conventionally, on paper, within seven business days (Idaho Rules for Electronic Filing and Service Rule 5(a)). |
| Case search | Use the iCourt Portal at mycourts.idaho.gov. Access to court records is governed by Idaho Court Administrative Rule 32. |
| Remote appearance | Idaho R. Civ. P. 7.2 lets the court hold certain hearings by telephone or video teleconference. Ask the clerk how the First Judicial District handles your hearing. |
| Website | County's court department: https://www.benewahcountyid.gov/departments/court. First Judicial District: https://isc.idaho.gov/district-1. |
Before you begin — know the assets and liabilities
Before you file in Benewah County, list the assets, debts, account holders, beneficiaries and whether there is an original will. Venue usually turns on the decedent's domicile, so a St. Maries, Plummer or Tensed estate generally starts at the Benewah County Courthouse if Benewah County was the decedent's Idaho domicile (Idaho Code § 15-3-201).
Asset discovery is often the first practical step in estate settlement. Sunset's 2,300-institution search helps families find accounts and policies before choosing between an application for informal probate, a petition for formal probate, or an Idaho Code § 15-3-1201 collection-of-personal-property affidavit.
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 Benewah County Courthouse.
Benewah County is one of five counties in Idaho's First Judicial District, along with Boundary, Bonner, Kootenai and Shoshone, and that district has eight district judges (Idaho Code § 1-802). Benewah has no statutory resident district-judge chambers of its own under Idaho Code § 1-802, but that does not move a Benewah filing counter: a Benewah County estate is filed in St. Maries.
The courthouse city is St. Maries. Benewah County also includes Plummer and Tensed, but those communities do not create separate probate filing locations.
The jurisdiction process
- Confirm Benewah County venue. File in the county where the decedent was domiciled, or, for a non-Idaho decedent, in a county where Idaho property was located (Idaho Code § 15-3-201).
- Choose the filing path. Use an application for informal probate or informal appointment, and use a petition for formal probate or formal appointment (Idaho Code § 15-3-301; Idaho Code § 15-3-402; Idaho Code § 15-3-401). If only probate personal property is involved, check whether the Idaho Code § 15-3-1201 affidavit can be presented to the holder after 30 days instead of opening a case.
- Prepare the papers. Idaho uses personal representative as the general fiduciary term. If a will exists, plan to file the original will on paper even if the rest of the case is filed electronically (Idaho Rules for Electronic Filing and Service Rule 5(a)).
- File with the clerk of the district court at 701 W College Ave, Suite 203, St. Maries. The $166.00 filing fee is shown in Appendix A effective July 12, 2024 and is tied to Idaho Code § 31-3201A, § 1-2003, § 73-213 and § 31-3201. Confirm the current amount with the clerk before filing.
- Use the right filing method. Attorneys must file electronically. A self-represented filer may use iCourt File and Serve or paper filing, but a self-represented filer who chooses 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).
- For an informal case, wait for the registrar's action. 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 or the order appointing the personal representative if the statutory findings are met (Idaho Code § 15-1-307; Idaho Code § 15-3-302; Idaho Code § 15-3-307).
- For a formal case, follow the court's notice and hearing requirements. Formal proceedings are before a judge with notice to interested persons, and Idaho also recognizes uncontested formal testacy proceedings (Idaho Code § 15-1-201; Idaho Code § 15-3-401; Idaho Code § 15-3-405).
- After appointment, obtain the proper letters. Idaho uses letters testamentary when there is a will and letters of administration when there is no will; administration begins with issuance of letters (Idaho Code § 15-1-201; Idaho Code § 15-3-103).
- Administer the estate. Idaho lets a personal representative publish notice to creditors to start the four-month period from first publication, and mailed or delivered notice can give a creditor 60 days after mailing or delivery if later (Idaho Code § 15-3-801). Prepare the inventory within 3 months after appointment; filing the original inventory with the court is optional, but a copy must be sent to interested persons who request it (Idaho Code § 15-3-706).
- Close or distribute when the estate is ready. Some estates may use Part 12 procedures, including summary administration and a closing statement when the statutory requirements fit (Idaho Code § 15-3-1203; Idaho Code § 15-3-1204). A surviving spouse who is the sole beneficiary may have a separate summary administration option, but that spouse assumes liability for debts that could be claims against the estate (Idaho Code § 15-3-1205).
Forms and documents
Probate forms in Benewah County
Probate forms in Benewah County start with the Idaho Court Assistance Office and the clerk of the district court. Benewah County's court page does not list a county-specific probate packet, and Guide and File is for Court Assistance Office forms rather than a complete probate interview.
Ask Benewah County's Court Assistance Office about the statewide Pb probate form series at courtselfhelp.idaho.gov and whether a local cover page or judge-specific formatting instruction applies. If the estate uses an informal route, the opening document is an application; if it uses a formal route, the opening document is a petition (Idaho Code § 15-3-301; Idaho Code § 15-3-402).
For a testate estate, do not rely on electronic filing alone for the will. The original will must also be filed conventionally, on paper, within seven business days (Idaho Rules for Electronic Filing and Service Rule 5(a)).
Local nuance
Benewah County-specific considerations
| Local point | What it means for a Benewah County estate |
|---|---|
| File locally in St. Maries | Benewah County is in Idaho's First Judicial District, but a Benewah County probate filing goes to the clerk of the district court at the Benewah County Courthouse in St. Maries (Idaho Code § 1-802; Idaho Code § 15-3-201). |
| No statutory resident district-judge chambers in Benewah | Idaho Code § 1-802 establishes First Judicial District resident chambers in Bonner, Kootenai and Shoshone, not Benewah. That fact concerns district judges, not where a Benewah estate is filed, and it does not state where any magistrate judge sits. |
| Court counter hours differ from the statewide default many people expect | Benewah County's court department page lists 9:00 a.m. to 5:00 p.m., Monday through Friday. Call the District Court phone, (208) 245-3241, before traveling with time-sensitive probate papers. |
| Court Assistance Office timing | Benewah County's Court Assistance Office lists a weekly forms workshop on Wednesdays from 10 a.m. to noon PST by Zoom and open office hours on the second Friday of the month from 10 a.m. to 2 p.m. at the courthouse. A workshop is not a probate hearing; hearing questions are governed by Idaho R. Civ. P. 7.2 and the court's order in the case. |
Recent updates
Scenarios
| Archetype | Likely path in Benewah County | Where Sunset helps |
|---|---|---|
| Surviving spouse with co-owned home | File in St. Maries if Benewah County is the proper venue under Idaho Code § 15-3-201. If the surviving spouse is the sole beneficiary, ask whether summary administration under Idaho Code § 15-3-1205 fits; that route can reach real property, but the spouse assumes liability for debts that could be claims against the estate. The $130.00 summary administration amount appears in Appendix A effective July 12, 2024 and must be checked against Idaho Code § 31-3201A before filing. | Sunset helps identify title issues, mortgages and accounts before the spouse chooses the estate settlement path. |
| Out-of-state adult child with small estate | If the estate is limited to probate personal property and the statutory conditions fit, the Idaho Code § 15-3-1201 affidavit may be presented to the property holder after 30 days; it is not a court filing. If a Benewah probate case is needed, a self-represented filer may file on paper with the clerk or use iCourt File and Serve under the Idaho Rules for Electronic Filing and Service. | Sunset can search for accounts, organize balances and help decide whether the Idaho Code § 15-3-1201 route or a Benewah County filing is more practical. |
| Parent settling predeceased child's estate, home must be sold | Real property usually means opening a Benewah County probate case unless another Idaho Code Title 15 path applies. The personal representative receives letters testamentary or letters of administration before acting for the estate (Idaho Code § 15-1-201; Idaho Code § 15-3-103). | Sunset helps assemble the estate settlement packet, list debts and prepare attorney handoff when a sale, title issue or family conflict makes counsel important. |
Self-help resources
| Resource | How it helps | Contact |
|---|---|---|
| Benewah County's Court Assistance Office | Provides court forms, document review and legal information for self-represented people through the Idaho Supreme Court's Court Assistance Office. The Benewah page lists a weekly forms workshop by Zoom and in-person office hours on the second Friday of the month. It is not a legal-advice service. | 701 West College Avenue, St. Maries, ID 83861. Phone: (208) 446-1225. Local page: https://courtselfhelp.idaho.gov/Local/Benewah. |
| Idaho Legal Aid Services | Statewide civil legal aid intake. Probate is not listed among the service areas on its services page, so call to ask whether any non-probate issue in the estate settlement is within scope. | Legal Advice Line: 208-746-7541. Apply online: https://www.idaholegalaid.org/apply-for-help. |
| Idaho Volunteer Lawyers Program | Connects financially eligible people with volunteer attorneys for civil legal advice, brief service or representation when available. It is not an emergency program. | https://ilf.idaho.gov/ivlp/legal-assistance/. |
| Idaho State Law Library | Legal research library operated under the joint management of the Idaho Supreme Court and the University of Idaho College of Law. | 501 W. Front Street, Boise, ID 83702-7232. Phone: (208) 364-4555. Website: https://isll.idaho.gov. |
When to hire an attorney
Consider a probate attorney when the estate includes real property to sell, unclear community property questions, creditor disputes, a contested will, a nonresident decedent, or a family member who objects to the proposed personal representative. Idaho does not require every personal representative to hire counsel, but Benewah County does not publish a complete local probate packet, and formal probate can require notice and a hearing before a judge (Idaho Code § 15-3-401). Sunset connects to a vetted attorney.
How Sunset helps
Find the accounts and assets. Sunset searches for financial accounts, insurance policies and other assets so the family can see what exists before choosing a Benewah County filing path.
Generate the probate packet. Sunset organizes the information a personal representative needs for an application, petition, inventory and closing steps, then helps turn it into an estate settlement packet for review.
Find a local probate attorney. When the case needs legal judgment, Sunset helps match the family with an attorney who can advise on Idaho procedure and Benewah County filing expectations.
Sunset is free for families. Families can use Sunset to understand the estate settlement work ahead, collect information and decide what to do next without paying Sunset.
Frequently asked questions
Where do I file probate for a Benewah County estate?
File with the clerk of the district court at the Benewah County Courthouse, 701 W College Ave, Suite 203, St. Maries, ID 83861. Venue is usually the county where the decedent was domiciled (Idaho Code § 15-3-201).
Does Benewah County use a magistrate judge for probate?
Yes. Idaho assigns probate to the magistrate division of the district court, and a magistrate judge hears it (Idaho Code § 1-2201; Idaho Code § 1-2208). In an informal proceeding, the registrar is a magistrate judge or district judge, not the clerk (Idaho Code § 15-1-307).
Can I file electronically in Benewah County if I do not have a lawyer?
A self-represented individual may use iCourt File and Serve, but may also file on paper with the clerk of the district court. If a self-represented filer chooses electronic filing, that filer must keep using it for the life of the case unless the court allows withdrawal (Idaho Rules for Electronic Filing and Service Rule 4).
What is the Benewah County probate filing fee?
The opening probate filing fee is $166.00 under Appendix A effective July 12, 2024. The amount is tied to Idaho Code § 31-3201A, § 1-2003, § 73-213 and § 31-3201, and the clerk of the district court should be asked to confirm the amount before filing.
Are there Benewah County probate forms online?
Benewah County's local court page does not list a county-specific probate packet. Ask the Benewah County's Court Assistance Office about the statewide Pb probate form series at courtselfhelp.idaho.gov and any local formatting instructions.
How do I look up a Benewah County probate case?
Use the iCourt Portal at mycourts.idaho.gov. Access to court records is governed by Idaho Court Administrative Rule 32, so call the clerk of the district court to ask what is available for a particular Benewah County probate case.
Can I appear by phone or video for a Benewah County probate hearing?
Idaho R. Civ. P. 7.2 allows the court to hold certain hearings by telephone or video teleconference, but the decision belongs to the court. A separate statutory option allows a petitioner in a summary administration where a surviving spouse is the sole beneficiary to move to appear telephonically or submit affidavits instead of appearing (Idaho Code § 15-3-1205).
Do I have to travel to another First Judicial District county?
Not to file the Benewah County estate. Benewah has no statutory resident district-judge chambers under Idaho Code § 1-802, but probate papers for a Benewah County estate are filed at the Benewah County Courthouse in St. Maries.
Does Benewah County collect an inheritance tax from the estate?
No county inheritance tax is stated here, and Idaho has no inheritance tax, no estate tax and no gift tax according to the Idaho State Tax Commission at tax.idaho.gov. An estate may still have federal tax or estate income tax obligations.
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.