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Butte County, ID Probate Information
Quick facts
| Item | Butte County information |
|---|---|
| Court | The magistrate division of the district court at the Butte County Courthouse, assigned probate matters under Idaho Code § 1-2208 |
| Courthouse address | Butte County Courthouse, 326 W. Grand Avenue, Arco, ID 83213 |
| Mailing address | PO Box 171, Arco, ID 83213 |
| Clerk phone | (208) 527-8259 |
| Hours | The statewide court listing gives Monday through Friday, 8:00 a.m. to 5:00 p.m. Call the clerk before traveling. |
| Filing fee | $166.00, effective July 12, 2024, to open a probate in the magistrate division, whether by petition for formal probate or application for informal probate. The fee includes the magistrate-division filing fee under Idaho Code § 31-3201A and related statewide charges under Idaho Code § 1-2003, § 73-213 and § 31-3201. |
| Local forms | No Butte-specific probate packet appears on the Court Assistance Office Butte page at courtselfhelp.idaho.gov/Local/Butte. Ask the clerk whether any Pb-series probate form applies before filing. |
| Electronic filing | Attorneys must file electronically 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 paper filing under I.R.E.F.S. Rule 4(b). If a will is involved and the case is filed electronically, the original will and the pleading attached to it must also be filed conventionally within seven business days under I.R.E.F.S. Rule 5(a). |
| Case search | Use the iCourt Portal at mycourts.idaho.gov/odysseyportal. Access to court records is governed by Idaho Court Administrative Rule 32. |
| Remote appearance | The court may hold certain matters by telephone or video teleconference under Idaho R. Civ. P. 7.2. Ask the clerk how the Seventh Judicial District applies Idaho Code § 1-808 and the local calendar in your case. |
| Website | isc.idaho.gov/district-7 |
Before you begin — know the assets and liabilities
Before you file in Butte County, gather a working list of the decedent's assets, debts, account holders, real property, vehicles, and known beneficiaries. The clerk needs a filing, not a guess about what exists, and the right Idaho path depends on whether the estate needs a personal representative, a formal hearing, or a narrower transfer route.
Sunset can support estate settlement before court by helping families search more than 2,300 financial institutions for accounts and assets. That inventory makes the Butte County filing decision clearer and helps avoid opening a case before you know what must be administered.
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 Butte County Courthouse in Arco.
Butte County is part of Idaho's Seventh Judicial District under Idaho Code § 1-808, along with Lemhi, Custer, Clark, Fremont, Jefferson, Madison, Teton, Bonneville and Bingham Counties. That district structure organizes judges, local rules and administration; it does not move a Butte County filing counter to another county.
Venue for the first informal or formal estate proceeding is the county where the decedent was domiciled at death. If the decedent was not domiciled in Idaho, venue may be in an Idaho county where the decedent had property (Idaho Code § 15-3-201).
The jurisdiction process
- Identify the Idaho path before drafting. Use an application for informal probate under Idaho Code § 15-3-301 when the matter can proceed informally, or a petition for formal probate under Idaho Code § 15-3-401 and § 15-3-402 when a judge needs to act after notice.
- Prepare the filing for the Butte County Clerk of the District Court at the Butte County Courthouse, 326 W. Grand Avenue, Arco. In an informal case, the registrar, meaning a magistrate judge or district judge, acts under Idaho Code § 15-1-307, § 15-3-302 and § 15-3-307. The clerk accepts the filing and maintains the court file.
- Pay the opening filing fee of $166.00, effective July 12, 2024. The amount includes the magistrate-division fee under Idaho Code § 31-3201A, plus statewide charges under Idaho Code § 1-2003, § 73-213 and § 31-3201. Confirm the current total with the clerk before filing.
- Choose the filing method. Attorneys must file electronically under the Idaho Rules for Electronic Filing and Service. A self-represented personal representative may use iCourt File and Serve or file on paper under I.R.E.F.S. Rule 4(b). If a will is filed electronically, the original will and the pleading attached to it must also be filed conventionally within seven business days under I.R.E.F.S. Rule 5(a).
- Address notice and hearing requirements for the route you chose. Formal proceedings are before a judge with notice to interested persons under Idaho Code § 15-1-201(20), and Idaho has an uncontested formal testacy route under Idaho Code § 15-3-405.
- Ask the clerk how hearing settings and remote requests are handled locally. Idaho R. Civ. P. 7.2 allows the court to hold certain hearings by telephone or video teleconference. For summary administration where a surviving spouse is the sole beneficiary, Idaho Code § 15-3-1205 allows a motion to appear telephonically or the filing of affidavits instead of appearing, and the spouse assumes the estate debts described in Idaho Code § 15-3-1205(c).
- After appointment, obtain the correct letters. Idaho uses letters testamentary when there is a will and letters of administration when there is not, under Idaho Code § 15-1-201 and § 15-3-103.
- Administer the estate. The personal representative may publish notice to creditors to start the four-month claim period under Idaho Code § 15-3-801, and must prepare an inventory within three months after appointment under Idaho Code § 15-3-706. The inventory is sent to interested persons who request it, and the personal representative may file the original with the court.
- Close the estate using the applicable Idaho procedure after administration is complete. If the estate qualifies for summary administration, follow Idaho Code § 15-3-1203 and the closing statement procedure in Idaho Code § 15-3-1204.
Forms and documents
Probate forms in Butte County
Probate forms in Butte County should be checked in three places before filing: the Butte County Clerk of the District Court, the Court Assistance Office page at courtselfhelp.idaho.gov/Local/Butte, and the statewide Court Assistance Office form library at courtselfhelp.idaho.gov/Forms. The statewide library does not maintain a probate category, although a Pb-series probate form set exists in Idaho practice.
No Butte-specific probate packet appears on the Court Assistance Office Butte page. Because the public county website did not supply a usable probate page during this review, ask the clerk whether a local cover sheet, Pb-series form, or local formatting requirement applies before you submit an application or petition.
A personal representative or attorney should draft the application for informal probate from Idaho Code § 15-3-301 or the petition for formal probate from Idaho Code § 15-3-401 and § 15-3-402.
Recent updates
Scenarios
| Scenario | Likely Butte County path | Where Sunset helps |
|---|---|---|
| Surviving spouse with co-owned home | Start by confirming title and whether the home passes outside the estate. If the surviving spouse is the sole beneficiary and court action is needed, ask whether summary administration under Idaho Code § 15-3-1205 fits, including the debt-liability rule in Idaho Code § 15-3-1205(c). | Sunset helps collect title clues, account information and debt information so the spouse can decide whether estate settlement needs a Butte County filing. |
| Out-of-state adult child with small estate | If only personal property is involved, the Idaho collection of personal property by affidavit may apply after 30 days when the estate subject to probate is within the Idaho Code § 15-3-1201 limit. If appointment is needed, file in Arco if venue belongs in Butte County under Idaho Code § 15-3-201. | Sunset helps find accounts and organize institution contacts before the child decides whether to use Idaho Code § 15-3-1201 or open a case. |
| Parent settling predeceased child's estate, home must be sold | A home sale usually requires authority from a personal representative or another valid title path. Prepare an application for informal probate under Idaho Code § 15-3-301 or a petition for formal probate under Idaho Code § 15-3-401 and § 15-3-402, then file with the clerk in Arco. | Sunset helps build the asset list, generate a probate packet and connect the parent with a local attorney when real property must be sold. |
Self-help resources
| Resource | How it helps | Contact |
|---|---|---|
| Court Assistance Office for Butte County | Provides resources, court forms, document review and legal information for self-represented parties through courtselfhelp.idaho.gov. It does not provide legal advice or representation. | Butte County Courthouse, 326 West Grand, Arco, ID 83213. Phone: (208) 589-9872. Page: courtselfhelp.idaho.gov/Local/Butte. |
| Idaho Legal Aid Services | Statewide civil legal aid intake. Its published service areas do not promise estate administration representation. | Legal Advice Line: 208-746-7541. Apply online at idaholegalaid.org/apply-for-help. |
| Idaho Volunteer Lawyers Program | Offers advice-and-counsel clinics by appointment and other civil legal assistance through volunteer attorneys. It is not an emergency program. | ilf.idaho.gov/ivlp/legal-assistance/ |
| Idaho State Bar Lawyer Referral Service | Refers callers to participating attorneys. The Idaho State Bar publishes a $35 referral fee, as published in August 2026, with an initial up to half-hour consultation at no fee. | (208) 334-4500. isb.idaho.gov/lawyer-referral-service/ |
| Idaho State Law Library | Public law 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. (208) 364-4555. isll.idaho.gov. |
When to hire an attorney
Consider a probate attorney when the estate includes real property, creditor issues, a dispute among heirs, a nonresident decedent, missing information, or a need for formal probate under Idaho Code § 15-3-401. Idaho does not require every personal representative to have counsel, but Butte County filings still must satisfy Idaho Code Title 15 and the Idaho Rules for Electronic Filing and Service. Sunset connects to a vetted attorney.
How Sunset helps
Find the accounts and assets. Sunset searches more than 2,300 financial institutions and helps families organize what the decedent owned, what may pass outside probate, and what may need Butte County estate settlement.
Generate the probate packet. Sunset turns the family's answers into a structured probate packet for review, including the information needed for an Idaho application for informal probate under Idaho Code § 15-3-301 or a petition for formal probate under Idaho Code § 15-3-401.
Find a local probate attorney. When a Butte County estate involves real property, conflict, creditor questions or formal proceedings, Sunset can connect the family with a vetted Idaho probate attorney.
Sunset is free for families. Families can use Sunset to understand the estate settlement work ahead, organize documents and decide what help they need before filing in Arco.
Frequently asked questions
Where do I file probate for a Butte County estate?
File with the Butte County Clerk of the District Court at the Butte County Courthouse, 326 W. Grand Avenue, Arco, ID 83213. Idaho venue is based on the decedent's domicile, or, for a non-Idaho decedent, an Idaho county where the decedent had property (Idaho Code § 15-3-201).
Is Butte County probate handled by a magistrate judge?
Yes. Probate is assigned to the magistrate division of the district court, and a magistrate judge hears it under Idaho Code § 1-2208. In an informal proceeding, the registrar, meaning a magistrate judge or district judge, acts under Idaho Code § 15-1-307.
What is the Butte County probate filing fee?
The opening filing fee is $166.00, effective July 12, 2024, for an application for informal probate or a petition for formal probate in the magistrate division. The total includes the Idaho Code § 31-3201A magistrate-division fee and related statewide charges under Idaho Code § 1-2003, § 73-213 and § 31-3201.
Can I e-file a Butte County probate case?
Attorneys must use electronic filing under the Idaho Rules for Electronic Filing and Service. A self-represented personal representative may use iCourt File and Serve or file on paper under I.R.E.F.S. Rule 4(b), and a self-represented filer who chooses electronic filing must keep using it for the life of the case unless the court permits withdrawal.
What if the original will is part of an electronic filing?
If a will is involved and the probate is filed electronically, I.R.E.F.S. Rule 5(a) requires the original will and the pleading attached to it to be filed conventionally within seven business days. Ask the Butte County clerk how to deliver the original will to the Arco courthouse.
Can I look up a Butte County probate case online?
Use the iCourt Portal at mycourts.idaho.gov/odysseyportal for Idaho's online records and payments portal. Access to court records is governed by Idaho Court Administrative Rule 32, so call the clerk to ask what is viewable for a Butte County probate matter.
Are there Butte County probate forms online?
No Butte-specific probate packet appears on the Court Assistance Office Butte page at courtselfhelp.idaho.gov/Local/Butte. The statewide Court Assistance Office site at courtselfhelp.idaho.gov/Forms does not maintain a probate category, although a Pb-series probate form set exists in Idaho practice. Ask the clerk what form or format is expected.
Do I have to travel to Arco for a probate hearing?
Ask the clerk before planning travel. Idaho R. Civ. P. 7.2 allows the court to hold certain hearings by telephone or video teleconference, and Idaho Code § 15-3-1205 allows a surviving-spouse summary administration petitioner to move to appear telephonically or submit affidavits instead of appearing. No Butte County hearing day was published in the materials used for this page.
Can a personal property estate be handled without opening a court case?
Sometimes. Idaho Code § 15-3-1201 allows collection of personal property by affidavit after 30 days when the estate subject to probate meets the statute's requirements. The affidavit is presented to the person or institution holding the property, and it is not the same as opening a Butte County probate case.
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.