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Custer County, ID Probate Information
Quick facts
| Item | Custer County detail |
|---|---|
| Court | Custer County District Court, magistrate division, at the Custer County Courthouse (Idaho Code § 1-2208) |
| Courthouse address | 801 Main Street, Challis, ID 83226 |
| County department address | 269 S. 9th Street, Challis, ID 83226, with USPS mail to PO Box 1128, Challis, ID 83226. Call before traveling because both addresses are published by Idaho court or county sources. |
| Mailing address | PO Box 1128, Challis, ID 83226 |
| Phone | (208) 879-2360 is the Idaho Judiciary listing. Custer County's own court department page lists (208) 879-2359. Try the other number if one does not connect. |
| Fax | (208) 879-6412. Call before sending anything. |
| [email protected], the general court clerks inbox published by Custer County | |
| Hours | 8:00 a.m. to 5:00 p.m., Monday through Friday, with holiday closures. Call before traveling. |
| Filing fee | $166.00 to open a probate in the magistrate division, effective July 12, 2024. The total includes the $120 magistrate division fee under Idaho Code § 31-3201A, the $26 fee under Idaho Code § 1-2003, the $10 Idaho Code fund fee under Idaho Code § 73-213 and the $10 civil administrative surcharge under Idaho Code § 31-3201. |
| Local forms | Custer County does not post a local probate packet. The Court Assistance Office form index at courtselfhelp.idaho.gov/Forms has no probate category, although a Court Assistance Office Pb probate form series exists. |
| E-filing status | Attorneys file electronically under the Idaho Rules for Electronic Filing and Service. A self-represented individual may choose iCourt File and Serve or paper filing under I.R.E.F.S. Rule 4(b), and that electronic filing choice generally continues for the life of the case. If a will is involved and the case is e-filed, the original will and attached pleading 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 | Telephone or video teleconference may be allowed for certain matters under Idaho R. Civ. P. 7.2. No Custer County specific Zoom practice is listed. |
| Website | https://custercountyidaho.org/departments/courts/ |
Before you begin — know the assets and liabilities
Before you file in Custer County, identify the accounts, vehicles, real estate, debts and likely heirs. Idaho venue turns on the decedent's domicile for the first proceeding, so asset and address information should be gathered before the application or petition is prepared (Idaho Code § 15-3-201).
Sunset can help with estate settlement by searching across more than 2,300 financial institutions, organizing asset and liability information, and preparing a clearer path before you contact the clerk of the district court in Challis.
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 Custer County Courthouse.
Custer County is in Idaho's Seventh Judicial District with Lemhi, Butte, Clark, Fremont, Jefferson, Madison, Teton, Bonneville and Bingham Counties (Idaho Code § 1-808). That district structure organizes judges and local rules; it does not move a Custer County filing counter to another county. For the first estate proceeding, venue is in the county where the decedent had domicile at death, or, for a non-Idaho decedent, in an Idaho county where the decedent's property was located (Idaho Code § 15-3-201).
The Seventh Judicial District has resident chambers for district judges in Madison, Bingham, Bonneville and Jefferson Counties, with no district judge resident chambers assigned by statute to Custer County (Idaho Code § 1-808). Do not assume that tells you where a magistrate judge will sit for a particular estate matter; ask the clerk in Challis when a hearing is set.
The jurisdiction process
- Choose the filing route. Idaho uses an application for informal probate under Idaho Code § 15-3-301 and a petition for formal probate under Idaho Code § 15-3-402. In an informal proceeding, the registrar, a magistrate judge or district judge, not the clerk, makes the required findings (Idaho Code § 15-1-307; Idaho Code § 15-3-302).
- Prepare the opening papers from Idaho Code Title 15, chapter 3. Custer County does not post a local probate packet, and the Court Assistance Office index at courtselfhelp.idaho.gov/Forms has no probate category, although a Court Assistance Office Pb probate form series exists.
- File with the clerk of the district court for Custer County. Use the Custer County Courthouse address at 801 Main Street, Challis, ID 83226, and call first because Custer County's own court department page also lists 269 S. 9th Street with the same PO Box.
- Pay the $166.00 filing fee, effective July 12, 2024, unless the clerk gives a different current instruction. The total includes the Idaho Code § 31-3201A magistrate division fee, the Idaho Code § 1-2003 fee, the Idaho Code § 73-213 fee and the Idaho Code § 31-3201 surcharge.
- If a will is involved, make sure the original will reaches the court. If the case is e-filed, I.R.E.F.S. Rule 5(a) requires the original will and the attached pleading to be filed conventionally within seven business days under the Idaho Rules for Electronic Filing and Service.
- Follow the e-filing rule that applies to you. Attorneys file electronically under the Idaho Rules for Electronic Filing and Service Rule 4(a). A self-represented personal representative may use iCourt File and Serve or may file on paper with the clerk of the district court under I.R.E.F.S. Rule 4(b); choosing electronic filing generally commits that filer to electronic filing for the life of the case.
- Handle notice and any hearing. Formal proceedings are before a judge with notice to interested persons (Idaho Code § 15-1-201). Idaho courts may hold certain matters by telephone or video teleconference under Idaho R. Civ. P. 7.2, but Custer County does not list a probate specific remote practice.
- Receive authority after appointment and qualification. Idaho uses letters testamentary when there is a will and letters of administration when there is no will (Idaho Code § 15-1-201; Idaho Code § 15-3-103).
- Administer the estate. A personal representative may publish notice to creditors once a week for three successive weeks to start a four month claims period, with a 60 day mailed notice rule for creditors who receive written notice (Idaho Code § 15-3-801). Within three months after appointment, prepare the inventory, send it to interested persons who request it, and decide whether to file it with the court, which Idaho Code § 15-3-706 permits but does not require.
- Close the estate settlement according to the route used and any order entered by the magistrate division of the district court (Idaho Code § 1-2208). If a dispute, sale issue or title problem arises, ask a probate attorney before distributing property.
Forms and documents
Probate forms in Custer County
Probate forms in Custer County require a careful distinction. The Court Assistance Office statewide form index at courtselfhelp.idaho.gov/Forms lists categories such as divorce, custody, guardianship, conservatorship, name change, protection orders and small claims, but it does not list a probate category. A Court Assistance Office Pb probate form series exists, but Custer County's own pages do not post a local probate packet, cover sheet or checklist.
A personal representative or attorney should prepare the application for informal probate or the petition for formal probate from Idaho Code Title 15, chapter 3. The Court Assistance Office for Custer County may provide court forms, document review and legal information through courtselfhelp.idaho.gov/Local/Custer, but it does not provide legal advice.
Local nuance
Custer County-specific considerations
| Local issue | What to do |
|---|---|
| Two published filing addresses | Idaho Judiciary materials list the Custer County Courthouse at 801 Main Street in Challis. Custer County's own court department page lists 269 S. 9th Street, with USPS mail to PO Box 1128. Call the clerk before traveling or mailing original documents. |
| Two published phone numbers | The Idaho Judiciary listing gives (208) 879-2360. Custer County's own court department page gives (208) 879-2359. If one does not connect, try the other. |
| General court calendar | Custer County lists magistrate division court days on Mondays and Tuesdays and district judge matters on the second Tuesday of each month. It does not label either day as a probate calendar, so ask the clerk when a specific estate matter will be set. |
| Fax number | Custer County lists fax (208) 879-6412. Call before sending anything, and do not assume a probate filing can be made by fax. |
Recent updates
Scenarios
| Situation | Likely Custer County path | Where Sunset helps |
|---|---|---|
| surviving spouse w/ co-owned home | Start by reviewing title, debts and whether a probate filing is needed for any property. Idaho is a community property state under Idaho Code Title 15, and Idaho also has a surviving spouse summary administration route when the spouse is the sole beneficiary, with the debt liability caveat in Idaho Code § 15-3-1205. | Sunset helps organize the estate settlement facts, identify accounts and prepare questions for a Custer County filing or an attorney consultation. |
| out-of-state adult child w/ small estate | If the estate consists of probate property valued at $100,000 or less, effective July 1, 2006, and the other statutory requirements are met, a claiming successor may use collection of personal property by affidavit 30 days after death under Idaho Code § 15-3-1201. If a court filing is needed, file in Custer County only if venue is proper under Idaho Code § 15-3-201. | Sunset can search for accounts, help separate probate and nonprobate assets, and generate an estate settlement packet before you decide whether travel to Challis is necessary. |
| parent settling predeceased child's estate, home must be sold | Real property usually requires a court path rather than the collection of personal property by affidavit under Idaho Code § 15-3-1201. The parent should expect to file an application or petition with the clerk of the district court in Custer County if venue is proper, then seek letters testamentary or letters of administration under Idaho Code § 15-1-201 and Idaho Code § 15-3-103 before sale authority is used. | Sunset helps locate assets and liabilities, prepare a probate packet, and connect the family with a local probate attorney when title or sale authority needs legal review. |
Self-help resources
| Resource | How it helps | Contact |
|---|---|---|
| Court Assistance Office for Custer County | Provides resources, court forms, document review and legal information for people representing themselves. It does not provide legal advice. | courtselfhelp.idaho.gov/Local/Custer, 269 S. 9th St., PO Box 1128, Challis, ID 83226, (208) 589-9872 |
| Idaho Legal Aid Services | Statewide civil legal aid intake. It does not list probate administration among its service areas. | Legal Advice Line 208-746-7541, idaholegalaid.org/apply-for-help |
| Idaho Volunteer Lawyers Program | Offers civil legal assistance and advice clinics through volunteer attorneys, subject to eligibility and availability. | 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. | isll.idaho.gov, 501 W. Front Street, Boise, ID 83702-7232, (208) 364-4555, Monday through Friday, 8:00 a.m. to 5:00 p.m. |
When to hire an attorney
A lawyer is worth considering when the estate includes real property, business interests, unclear title, creditor disputes, a disagreement among heirs, a question about community property, or a sale that must happen before distribution. Idaho does not require every personal representative to hire counsel, but Custer County does not post a full local probate packet, so legal review can prevent costly refiling. Sunset connects you to a vetted attorney.
How Sunset helps
Find the accounts and assets
Sunset searches across more than 2,300 financial institutions and helps families identify accounts, balances and liabilities that shape the Custer County estate settlement plan.
Generate the probate packet
Sunset turns the information you provide into an organized probate packet for review, including the details a personal representative or attorney needs to prepare the Idaho application or petition.
Find a local probate attorney
When a Custer County estate involves real property, a dispute, creditor issues or questions about letters testamentary or letters of administration, Sunset can connect the family with a vetted probate attorney.
Sunset is free for families
Sunset helps families move from uncertainty to an organized estate settlement plan without charging families for its core support.
Frequently asked questions
Where do I file probate in Custer County?
File with the clerk of the district court for Custer County in Challis. Idaho venue for the first estate proceeding is based on the decedent's domicile, or, for a non-Idaho decedent, an Idaho county where property was located (Idaho Code § 15-3-201).
Which Custer County address should I use?
Idaho Judiciary materials list the Custer County Courthouse at 801 Main Street, Challis, ID 83226. Custer County's own court department page lists 269 S. 9th Street, with USPS mail to PO Box 1128. Call (208) 879-2360 or (208) 879-2359 before traveling, mailing a will, or sending filing papers.
Does Custer County use e-filing for probate?
Idaho courts use electronic filing under the Idaho Rules for Electronic Filing and Service. Attorneys file electronically under Rule 4(a). A self-represented individual may choose iCourt File and Serve or paper filing under I.R.E.F.S. Rule 4(b), and that electronic filing choice generally continues for the life of the case.
What if there is an original will?
If a will is involved and the case is e-filed, the original will and the pleading it is attached to must also be filed conventionally within seven business days under I.R.E.F.S. Rule 5(a). Call the clerk in Custer County before mailing or delivering the original.
How much is the Custer County probate filing fee?
The filing fee is $166.00 to open probate in the magistrate division, effective July 12, 2024. The total includes the Idaho Code § 31-3201A magistrate division fee, the Idaho Code § 1-2003 fee, the Idaho Code § 73-213 fee and the Idaho Code § 31-3201 civil administrative surcharge.
Can I look up a Custer County probate case online?
Idaho provides the iCourt Portal at mycourts.idaho.gov/odysseyportal/. Access to court records is governed by Idaho Court Administrative Rule 32, so call the clerk of the district court in Custer County to ask what will be visible for a particular estate.
Are there Custer County probate forms online?
Custer County does not post a local probate packet. The Court Assistance Office index at courtselfhelp.idaho.gov/Forms has no probate category, although a Court Assistance Office Pb probate form series exists. The Court Assistance Office for Custer County is listed at courtselfhelp.idaho.gov/Local/Custer.
Will Custer County let me attend by phone or video?
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. No Custer County specific Zoom practice is listed, so ask the clerk when your estate matter is scheduled.
Do I have to publish notice to creditors in Idaho?
Idaho Code § 15-3-801 says a personal representative may publish notice to creditors once a week for three successive weeks to start a four month claims period. Creditors who receive written notice have the later of that period or 60 days after mailing or delivery under Idaho Code § 15-3-801.
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.