Back to Idaho
Bingham County, ID Probate Information
Quick facts
| Item | Bingham County detail |
|---|---|
| Court | The magistrate division of the district court at the Bingham County Courthouse (Idaho Code § 1-2208). |
| Courthouse address | 501 N. Maple #205, Blackfoot, ID 83221-1700. |
| Mailing address | 501 N. Maple #205, Blackfoot, ID 83221-1700. |
| Phone | (208) 782-3123, labeled by the Idaho Judiciary as the Bingham County Magistrate Court line. |
| Hours | 8:00 a.m. to 5:00 p.m. on Monday through Friday. No lunch closure or filing cutoff is listed for probate filings. |
| Filing fee | $166.00, effective July 12, 2024, to open a probate in the magistrate division, whether by petition for a formal proceeding or application for informal probate. The amount includes the $120 magistrate division filing fee, effective July 12, 2024, plus the $26 judges' retirement fund fee, effective July 12, 2024, a $10 Idaho Code fund fee, effective July 12, 2024, and a $10 civil administrative surcharge, effective July 12, 2024 (Idaho Code § 31-3201A, § 1-2003, § 73-213, § 31-3201; Idaho Code § 15-3-302). |
| Local forms | The courts page on binghamid.gov and the Bingham Court Assistance Office page do not list a Bingham probate packet. Check courtselfhelp.idaho.gov and the clerk before filing probate forms. |
| Electronic filing | Idaho courts use iCourt File and Serve under the Idaho Rules for Electronic Filing and Service. Attorneys must file electronically; self-represented parties may use File and Serve but may also file on paper with the clerk. If a self-represented filer chooses electronic filing, that choice continues for the life of the case unless the court allows withdrawal (I.R.E.F.S. Rule 4). |
| Original will | If a case involving an original will is filed electronically, the original will must also be filed conventionally within seven business days (I.R.E.F.S. Rule 5(a)). |
| Case search | Use the iCourt Portal at mycourts.idaho.gov. Ask the Bingham County clerk what is visible for a local estate case; 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 Seventh Judicial District handles the specific hearing. |
| Court website | Courts page on binghamid.gov: https://www.binghamid.gov/departments/courts/. Seventh Judicial District page: https://isc.idaho.gov/district-7. |
Before you begin — know the assets and liabilities
Before you file in Bingham County, make a working list of the decedent's accounts, real estate, vehicles, debts, tax notices and beneficiary designations. The right estate settlement path depends on what is actually in the probate estate, who has priority to act, whether there is an original will and whether land in Bingham County needs to be sold or transferred.
Sunset's asset discovery searches more than 2,300 institutions to help families find accounts and policies before they choose a probate path. That inventory work helps you decide what to file with the clerk of the district court in Blackfoot and what can be handled outside the court file.
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 Bingham County Courthouse.
Venue for the first informal or formal testacy or appointment proceeding is the county where the decedent was domiciled at death, or, for a non-Idaho decedent, a county where the decedent's property was located (Idaho Code § 15-3-201). Bingham County filings are made in Blackfoot, including estates connected to Blackfoot, Aberdeen, Basalt, Firth and Shelley.
Bingham County is one of ten counties in Idaho's Seventh Judicial District, with Bingham, Bonneville, Butte, Clark, Custer, Fremont, Jefferson, Lemhi, Madison and Teton Counties listed in Idaho Code § 1-808. The judicial district organizes judges and local rules; it does not move a Bingham County filing counter to another county.
The jurisdiction process
- Identify the probate assets, the debts, the original will if one exists, and the person with priority to serve as personal representative. If the case can proceed informally, the opening document is an application under Idaho Code § 15-3-301; if a formal testacy or appointment proceeding is needed, the opening document is a petition under Idaho Code § 15-3-401 and § 15-3-402.
- Prepare the Bingham County filing packet. Idaho's Court Assistance Office at courtselfhelp.idaho.gov should be checked for any Pb-series probate form, but the courts page on binghamid.gov and the Bingham Court Assistance Office page do not list a county probate packet. An attorney or self-represented filer drafts the application or petition from Idaho Code Title 15, chapter 3.
- File with the clerk of the district court at the Bingham County Courthouse, 501 N. Maple #205, Blackfoot, ID 83221-1700. Attorneys file through iCourt File and Serve under the Idaho Rules for Electronic Filing and Service; a self-represented personal representative may use File and Serve or file on paper with the clerk (I.R.E.F.S. Rule 4).
- Pay the $166.00 filing fee, effective July 12, 2024, unless the court permits filing without prepayment. The fee is the magistrate division probate opening amount under Idaho Code § 31-3201A, with the related fees and surcharge in Idaho Code § 1-2003, § 73-213 and § 31-3201. Idaho Code § 31-3220 lets the court allow a person who cannot pay fees or security to proceed after an affidavit and an indigency finding.
- If the case is informal, the registrar, a magistrate judge or district judge and not the clerk, makes the statutory findings and issues the written statement of informal probate after the statutory waiting period, or appoints the personal representative for an informal appointment (Idaho Code § 15-1-307, § 15-3-302, § 15-3-307).
- If the case is formal, the court sets the matter before a judge with notice to interested persons (Idaho Code § 15-1-201(20), § 15-3-401, § 15-3-403). Ask the Bingham County clerk how the Seventh Judicial District schedules the hearing and whether any local order affects the setting.
- For any hearing, ask about telephone or video teleconference procedures. Idaho R. Civ. P. 7.2 allows the court to hold certain hearings by telephone or video teleconference, and Idaho Code § 15-3-1205 has a separate appear telephonically option for a surviving-spouse summary administration under Idaho Code § 15-3-1205.
- After appointment and qualification, obtain the correct letters. Idaho uses letters testamentary when there is a will and letters of administration when there is no will (Idaho Code § 15-1-201(28), § 15-3-103).
- Administer the estate. Within three months after appointment, the personal representative must prepare an inventory and send a copy to interested persons who request it, and may file the original with the court (Idaho Code § 15-3-706). The personal representative may publish notice to creditors once a week for three successive weeks to start the four-month claim period, with a 60-day mailed-notice rule for creditors who receive written notice (Idaho Code § 15-3-801).
- Close the estate using the procedure that fits the case. If a surviving spouse is the sole beneficiary, Idaho Code § 15-3-1205 may apply, but that route also makes the surviving spouse liable for estate indebtedness under Idaho Code § 15-3-1205(c). Otherwise, follow the applicable closing procedure in Idaho Code Title 15, chapter 3.
Forms and documents
Probate forms in Bingham County
Idaho probate filings in Bingham County are made with the clerk of the district court in Blackfoot. The Court Assistance Office form library at courtselfhelp.idaho.gov should be checked for any Pb-series probate form before you file, but the courts page on binghamid.gov and the Bingham Court Assistance Office page do not list a Bingham County probate packet, cover sheet or checklist.
Use the courtselfhelp.idaho.gov Bingham County page for Court Assistance Office contact information, document review information and general court resources. The Court Assistance Office gives legal information and document review for self-represented people; it does not act as your lawyer.
If you file electronically and the estate involves an original will, I.R.E.F.S. Rule 5(a) requires the original will to be filed conventionally within seven business days. That paper-original rule matters even when the rest of the estate settlement filing is made through iCourt File and Serve under the Idaho Rules for Electronic Filing and Service.
Local nuance
Bingham County-specific considerations
| Local point | Why it matters |
|---|---|
| Separate magistrate court phone line | The Idaho Judiciary lists (208) 782-3123 as the Bingham County Magistrate Court line. Use that number for probate questions rather than treating the county's general clerk number as the only contact. |
| Seventh Judicial District | Bingham County is in Idaho's Seventh Judicial District with nine other counties, and Idaho Code § 1-808 establishes one resident chambers in Bingham County. The judicial district affects judges and local rules, but a Bingham County estate is still filed at the Bingham County Courthouse in Blackfoot. |
| Court Assistance Office contact | The Court Assistance Office page for Bingham County lists the office at 501 N. Maple, Blackfoot, ID 83221, phone 208-589-9872, on courtselfhelp.idaho.gov. Use it for self-represented document review and legal information, not legal advice. |
Recent updates
Scenarios
| Situation | Likely Bingham County path | Where Sunset helps |
|---|---|---|
| Surviving spouse w/ co-owned home | Start by identifying how the Blackfoot or other Bingham County home is titled and whether the surviving spouse is the sole beneficiary. If Idaho Code § 15-3-1205 applies, the surviving spouse route can address property through a decree, but the spouse assumes liability for estate indebtedness under Idaho Code § 15-3-1205(c). | Sunset helps organize the deed, mortgage, account list and beneficiary information so the attorney or filer can decide whether the surviving-spouse route fits the estate settlement. |
| Out-of-state adult child w/ small estate | If the estate consists only of personal property subject to probate and meets Idaho Code § 15-3-1201, the claiming successor may be able to use the collection of personal property by affidavit 30 days after death. That affidavit is presented to the holder of the property and is not a Bingham County filing. | Sunset helps find accounts, confirm whether the probate property appears to fit Idaho Code § 15-3-1201, and assemble the documents a bank or institution asks to see. |
| Parent settling predeceased child's estate, home must be sold | If a Bingham County home must be sold and no nonprobate transfer controls it, expect a court filing in Blackfoot so a personal representative can receive letters testamentary or letters of administration under Idaho Code § 15-1-201 and § 15-3-103. | Sunset helps identify assets and debts, prepare an estate settlement plan, generate an organized probate packet and connect the family with local counsel when a real estate sale makes counsel important. |
Self-help resources
| Resource | How it helps | Contact |
|---|---|---|
| Court Assistance Office for Bingham County | Provides Court Assistance Office information, document review and legal information for self-represented people through courtselfhelp.idaho.gov. It is listed at the Bingham County Courthouse. | 501 N. Maple, Blackfoot, ID 83221. Phone: 208-589-9872. Page: https://courtselfhelp.idaho.gov/Local/Bingham. |
| Idaho Legal Aid Services | Statewide civil legal aid intake. Its listed service areas do not promise probate administration representation. | Legal Advice Line: 208-746-7541. Online intake: https://idaholegalaid.org/apply-for-help. |
| Idaho Volunteer Lawyers Program | Volunteer civil legal help and advice-and-counsel clinics by appointment. Its wills clinic is estate planning, not estate administration. | https://ilf.idaho.gov/ivlp/legal-assistance/. |
| Idaho State Bar Lawyer Referral Service | Refers callers to Idaho State Bar members. The referral fee is $35, current as of August 2026, except for the case types the Idaho State Bar lists as exempt; the initial consultation may be up to a half hour at no fee. | Idaho State Bar: (208) 334-4500. https://isb.idaho.gov/lawyer-referral-service/. |
When to hire an attorney
Counsel makes sense in Bingham County when family members disagree, an original will is missing, a home or farm ground must be sold, creditor issues are active, the estate may need formal probate under Idaho Code § 15-3-401, or a surviving-spouse summary administration under Idaho Code § 15-3-1205 raises debt-liability questions. Sunset connects to a vetted attorney
How Sunset helps
Find the accounts and assets. Sunset searches more than 2,300 institutions and helps families build the asset list needed for a Bingham County estate settlement.
Generate the probate packet. Sunset organizes the information needed for the application or petition, the family tree, asset schedule and supporting documents so the filing is easier to review.
Find a local probate attorney. When a Bingham County estate needs legal help, Sunset can connect the family with a vetted Idaho probate attorney.
Sunset is free for families. Families can use Sunset to organize estate settlement tasks, discover assets and decide what help they need without paying Sunset.
Frequently asked questions
Where do I file probate for a Bingham County resident?
File with the clerk of the district court at the Bingham County Courthouse, 501 N. Maple #205, Blackfoot, ID 83221-1700. Venue is based on the decedent's domicile at death, or, for a non-Idaho decedent, a county where property was located (Idaho Code § 15-3-201).
Does Bingham County have its own probate forms?
The courts page on binghamid.gov and the Bingham Court Assistance Office page do not list a county probate packet, cover sheet or checklist. Check courtselfhelp.idaho.gov for any Pb-series probate form before filing, and ask the clerk whether the Seventh Judicial District requires anything local.
Can I file a Bingham County probate case electronically?
Attorneys file electronically under the Idaho Rules for Electronic Filing and Service. A self-represented personal representative may use iCourt File and Serve but may also file on paper with the clerk; if the self-represented filer chooses electronic filing, I.R.E.F.S. Rule 4 requires continued electronic filing for the life of the case unless the court allows withdrawal. If there is an original will, it must also be filed conventionally within seven business days under I.R.E.F.S. Rule 5(a).
What is the Bingham County probate filing fee?
The filing fee is $166.00, effective July 12, 2024, for a petition for a formal proceeding or an application for informal probate in the magistrate division. The figure includes the $120 magistrate division fee, effective July 12, 2024, a $26 judges' retirement fund fee, effective July 12, 2024, a $10 Idaho Code fund fee, effective July 12, 2024, and a $10 civil administrative surcharge, effective July 12, 2024 (Idaho Code § 31-3201A, § 1-2003, § 73-213, § 31-3201; Idaho Code § 15-3-302).
Is there a fee waiver for a Bingham County probate filing?
Idaho Code § 31-3220 lets the court allow a person who cannot pay fees, costs or security to proceed without prepaying them after an affidavit and an indigency finding. Ask the Bingham County clerk what the court requires for that request.
How do I look up a Bingham County probate case?
Use the iCourt Portal at mycourts.idaho.gov for Idaho online records and payments. Ask the clerk what is visible for a Bingham County estate case, because access to court records is governed by Idaho Court Administrative Rule 32.
Can I attend a Bingham County probate hearing by phone or video?
Idaho R. Civ. P. 7.2 lets the court hold certain hearings by telephone or video teleconference. The decision belongs to the court for the hearing at issue, so ask the Bingham County clerk what the judge requires. For a surviving-spouse summary administration, Idaho Code § 15-3-1205 separately allows a motion to appear telephonically or the affidavit procedure described in that section.
Can an out-of-state child use the small estate process in Bingham County?
Possibly, if the property is personal property subject to probate and the requirements of Idaho Code § 15-3-1201 are met. The collection of personal property by affidavit under Idaho Code § 15-3-1201 is presented to the person or institution holding the property after 30 days, and it is not filed at the Bingham County Courthouse.
Does Idaho charge inheritance tax or estate tax for a Bingham County estate?
Idaho has no inheritance tax, no estate tax and no gift tax for current deaths. The Idaho State Tax Commission states at tax.idaho.gov that Idaho has no gift tax or inheritance tax and that its estate tax for deaths expired in 2004; an estate may still have federal tax duties or 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.