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Oneida County, ID Probate Information
Quick facts
| Item | Oneida County information |
|---|---|
| Court | The magistrate division of the district court at the Oneida County Courthouse. Probate is assigned to the magistrate division and heard by a magistrate judge (Idaho Const. art. V, § 20; Idaho Code § 1-2201, § 1-2208). |
| Courthouse address | Oneida County Courthouse, 10 Court Street, Malad City, ID 83252. |
| Mailing address | Same as the street address: 10 Court Street, Malad City, ID 83252. |
| Phone | Judiciary-listed courthouse number: (208) 766-4285. Oneida County's court webpage: (208) 766-4116, extensions 1111, 1112 or 1114. Try the other number if one does not connect. |
| Fax | (208) 766-2990. Call before sending anything by fax. |
| Hours | Regular courthouse hours are listed as Monday through Friday, 8:00 a.m. to 5:00 p.m.; call the clerk of the district court before traveling. The Court Assistance Office for Oneida County keeps narrower hours: Monday and Wednesday, 9:30 a.m. to 3:30 p.m. |
| 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 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). |
| Local forms | No Oneida County probate form, cover sheet or checklist appears on the court webpage for Oneida County or the Court Assistance Office page for Oneida County. The Court Assistance Office form library at courtselfhelp.idaho.gov/Forms has no probate category, although a CAO Pb probate form series exists elsewhere in Idaho. |
| E-filing | Attorneys are required to file through Idaho's electronic filing system. A self-represented personal representative may use iCourt File and Serve or file on paper with the clerk of the district court in Oneida County; if a self-represented filer elects electronic filing, that choice continues for the life of the case unless the court allows withdrawal (Idaho Rules for Electronic Filing and Service Rule 4). |
| 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 | Idaho R. Civ. P. 7.2 allows the court to hold certain hearings by telephone or video teleconference. No Oneida County probate calendar or Zoom practice was published on the court webpage for Oneida County or the Sixth Judicial District page. |
| Website | Court page on the Oneida County website: https://www.oneidaid.us/departments/courts/index.php |
Before you begin — know the assets and liabilities
Before you choose a filing path in Oneida County, build a plain inventory of what the person owned, what was co-owned, what had a beneficiary designation, what debts are known and whether a will exists. Estate settlement goes faster when the application or petition matches the assets that actually need court authority.
Sunset can search across more than 2,300 financial institutions to help identify accounts, insurance, retirement assets and other property before you file at the Oneida County Courthouse. That asset discovery helps you decide whether the estate needs a personal representative, letters testamentary or letters of administration, or another Idaho route.
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 Oneida County Courthouse.
Venue for the first informal or formal estate proceeding is in the county where the decedent was domiciled at death, or, for a decedent not domiciled in Idaho, in a county where the decedent's property was located (Idaho Code § 15-3-201). Oneida County is one of six counties in Idaho's Sixth Judicial District, with Power, Bannock, Caribou, Bear Lake and Franklin Counties (Idaho Code § 1-807). The judicial district organizes judges and local rules; it does not move an Oneida County filing to another county.
The jurisdiction process
- Identify the assets, debts, will status and domicile before filing. If the decedent was domiciled in Oneida County, file the first estate proceeding at the Oneida County Courthouse in Malad City (Idaho Code § 15-3-201).
- Prepare the correct opening paper. Use an application for informal probate or informal appointment, or a petition for formal probate or formal appointment, depending on the case path (Idaho Code § 15-3-301, § 15-3-402).
- File with the clerk of the district court in Oneida County. Attorneys file through iCourt File and Serve. A self-represented personal representative may use iCourt File and Serve or file on paper, and the electronic filing election continues for the life of the case unless the court allows withdrawal (Idaho Rules for Electronic Filing and Service Rule 4).
- If there is an original will and the case is filed electronically, also file the original will and the pleading it is attached to conventionally within seven business days (I.R.E.F.S. Rule 5(a)).
- Pay the $166.00 filing fee, effective July 12, 2024, to open the probate in the magistrate division. The amount includes the $120 magistrate-division filing fee, $26 judges' retirement fund fee, $10 Idaho Code fund fee and $10 civil administrative surcharge (Idaho Code § 31-3201A, § 1-2003, § 73-213, § 31-3201).
- For an informal proceeding, the registrar, meaning a magistrate judge or district judge, makes the statutory findings and may issue a written statement of informal probate or an order appointing the personal representative (Idaho Code § 15-1-307, § 15-3-302, § 15-3-307).
- For a formal proceeding, the court sets the matter before a judge with notice to interested persons; Idaho also recognizes formal testacy proceedings in uncontested cases (Idaho Code § 15-1-201(20), § 15-3-401, § 15-3-405).
- Ask the clerk of the district court how the hearing will be handled. Idaho R. Civ. P. 7.2 allows certain hearings by telephone or video teleconference, but the decision is the court's. In summary administration where a surviving spouse is the sole beneficiary, the petitioner may move to appear telephonically or submit affidavits instead of appearing, and the surviving spouse assumes estate indebtedness under Idaho Code § 15-3-1205.
- After appointment, obtain the letters. Idaho uses letters testamentary when there is a will and letters of administration when there is not; administration begins with the issuance of letters (Idaho Code § 15-1-201(28), § 15-3-103).
- Administer and close the estate. Idaho lets the personal representative publish notice to creditors once a week for three successive weeks to start a four-month claims period, with a 60-day mailed-notice tail for creditors given written notice (Idaho Code § 15-3-801). Within three months after appointment, prepare an inventory, send it to interested persons who request it and choose whether to file the original with the court (Idaho Code § 15-3-706).
Forms and documents
Probate forms in Oneida County
Idaho's Court Assistance Office form library at courtselfhelp.idaho.gov/Forms lists categories such as divorce, custody, guardianship, conservatorship, name change, protection orders and small claims, but it has no probate category. A CAO Pb probate form series exists elsewhere in Idaho, but no Oneida County probate form packet, cover sheet or checklist appears on the court webpage for Oneida County or the Court Assistance Office page for Oneida County.
For an Oneida County estate, a personal representative or attorney drafts the application for informal probate or the petition for formal probate from Idaho Code Title 15, chapter 3. If you are filing without a lawyer, the Court Assistance Office for Oneida County can point you to court information, document review and available forms, but it does not give legal advice.
Local nuance
Oneida County-specific considerations
| Local point | Why it matters |
|---|---|
| Use Malad City for the county seat | The Judiciary directory shortens the courthouse city to Malad, while the court webpage for Oneida County and the Court Assistance Office page use Malad City. Use Malad City for the Oneida County Courthouse address. |
| Two phone paths are published | The Judiciary-listed courthouse number is (208) 766-4285. The court webpage for Oneida County lists (208) 766-4116 with extensions 1111, 1112 or 1114. If one number does not connect, try the other and ask for the clerk of the district court. |
| Fax is published, but filing by fax is not addressed here | The court webpage for Oneida County lists fax (208) 766-2990. Call before sending anything, and do not assume a probate filing may be sent by fax. |
| Sixth Judicial District, but county filing stays local | Oneida County is in Idaho's Sixth Judicial District with five other counties. The district's four district judges have resident chambers in Caribou County and Bannock County, not Oneida County, under Idaho Code § 1-807. That fact does not move the Oneida County filing counter away from Malad City. |
| Oneida is also a county name outside Idaho | This page is for Oneida County, Idaho. Idaho probate uses the clerk of the district court, the registrar as defined in Idaho Code § 15-1-307, and letters testamentary or letters of administration under Idaho Code § 15-1-201. |
Recent updates
Scenarios
| Situation | Likely Oneida County path | Where Sunset helps |
|---|---|---|
| Surviving spouse with a co-owned home | Start by identifying whether the home needs court authority at all and whether the surviving-spouse summary administration route fits. If the surviving spouse is the sole beneficiary, Idaho Code § 15-3-1205 may allow a decree affecting property, including real property, but the spouse assumes estate indebtedness under subsection (c). | Sunset helps identify accounts, debts and title clues before you decide whether the estate settlement needs a petition in Malad City or attorney review first. |
| Out-of-state adult child with a small estate | If the property is personal property and the probate estate is within the Idaho Code § 15-3-1201 limit, the collection of personal property by affidavit may be presented to the holder after the statutory wait instead of opening a court case. If court authority is needed, file in Oneida County if venue is proper under Idaho Code § 15-3-201. | Sunset helps locate financial accounts and beneficiary information so the child can tell whether court authority is needed before traveling or mailing papers. |
| Parent settling predeceased child's estate, home must be sold | A sale of Idaho real property usually requires court authority unless another nonprobate arrangement applies. The parent should expect to file an application or petition with the clerk of the district court in Oneida County, pay the $166.00 opening fee effective July 12, 2024 (Idaho Code § 31-3201A, § 1-2003, § 73-213, § 31-3201), and seek letters if appointed (Idaho Code § 15-1-201, § 15-3-103). | Sunset organizes asset information, drafts an estate settlement checklist and can connect the family with an Idaho probate attorney for the real-property sale. |
Self-help resources
| Resource | How to use it | Contact |
|---|---|---|
| Court Assistance Office for Oneida County | Use it for court information, available forms, document review and legal information. It is not a lawyer for the estate. | 10 Court Street, Malad City, ID 83252. Phone (208) 766-4116, ext. 114. Hours: Monday and Wednesday, 9:30 a.m. to 3:30 p.m. courtselfhelp.idaho.gov/Local/Oneida |
| Court Assistance Office form library | Use the statewide form library for available CAO forms. The library at courtselfhelp.idaho.gov/Forms has no probate category, so do not expect a complete Oneida County probate packet there. | courtselfhelp.idaho.gov/Forms |
| Idaho Legal Aid Services | Statewide civil legal aid intake. Its listed service areas do not include probate administration, so ask intake what help, if any, is available for your issue. | Legal Advice Line: 208-746-7541. Online intake: https://www.idaholegalaid.org/apply-for-help |
| Idaho Volunteer Lawyers Program | Offers civil advice and consultation, brief legal service and representation through volunteer attorneys when an applicant qualifies. It is not an emergency program. | https://ilf.idaho.gov/ivlp/legal-assistance/ |
| Idaho State Bar Lawyer Referral Service | Referral to an Idaho attorney. The Idaho State Bar page reviewed in August 2026 lists a $35 referral fee and an initial consultation of up to a half hour at no fee. | (208) 334-4500. https://isb.idaho.gov/lawyer-referral-service/ |
When to hire an attorney
Idaho does not require every self-represented filer to use a lawyer, but counsel makes sense when an Oneida County estate includes real property, a business, creditor disputes, unclear heirs, a contested will, tax questions or a surviving-spouse summary administration under Idaho Code § 15-3-1205. Sunset connects families to a vetted attorney.
How Sunset helps
Find the accounts and assets. Sunset searches across more than 2,300 institutions and helps families build an estate settlement picture before filing in Oneida County.
Generate the probate packet. Idaho does not provide a complete statewide probate form set for this filing, so Sunset helps organize the information needed for an application, petition, notices and letters for attorney review or filing.
Find a local probate attorney. If the estate needs formal probate, a real-property sale, creditor strategy or a disputed issue, Sunset can connect the family with an Idaho probate attorney.
Sunset is free for families. Families can use Sunset to move from asset discovery to estate settlement planning without paying Sunset for the service.
Frequently asked questions
Where do I file probate for an Oneida County resident?
File with the clerk of the district court at the Oneida County Courthouse, 10 Court Street, Malad City, ID 83252, if Oneida County is the proper venue. Idaho uses domicile for venue, and the first proceeding is filed in the county where the decedent was domiciled, or, for a non-Idaho decedent, a county where the decedent's property was located (Idaho Code § 15-3-201).
Which phone number should I call for Oneida County probate?
The Judiciary-listed courthouse number is (208) 766-4285. Oneida County's own court webpage lists (208) 766-4116 with extensions 1111, 1112 or 1114. If one number does not connect, try the other and ask for the clerk of the district court.
Can I e-file an Oneida County probate case?
Attorneys are required to 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 file on paper with the clerk of the district court; if the self-represented filer elects electronic filing, that choice continues for the life of the case unless the court allows withdrawal (I.R.E.F.S. Rule 4(b)).
What if the estate has an original will?
If the case is filed electronically and a will is involved, the original will and the pleading it is attached to must also be filed conventionally within seven business days (I.R.E.F.S. Rule 5(a)). Ask the Oneida County clerk how to deliver the original will before you file.
How much is the Oneida County probate filing fee?
The opening filing fee is $166.00, effective July 12, 2024, for a petition for formal probate or an application for informal probate in the magistrate division. The amount is built from Idaho Code § 31-3201A, § 1-2003, § 73-213 and § 31-3201.
Does Oneida County publish local probate forms?
No Oneida County probate form, cover sheet or checklist appears on Oneida County's court webpage or the Court Assistance Office page for Oneida County. The Court Assistance Office form library at courtselfhelp.idaho.gov/Forms has no probate category, although a CAO Pb probate form series exists elsewhere in Idaho.
Can I look up an Oneida County probate case online?
Idaho provides the iCourt Portal at mycourts.idaho.gov/odysseyportal/ for online records and payments. To learn what is visible for an Oneida County probate case, ask the clerk of the district court; access to court records is governed by Idaho Court Administrative Rule 32.
Will I have to travel to Malad City for a hearing?
Ask the clerk of the district court after the case is filed. 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. In summary administration where a surviving spouse is the sole beneficiary, the petitioner may move to appear telephonically or submit affidavits instead of appearing, subject to the Idaho Code § 15-3-1205 requirements and debt-liability rule.
Does Idaho collect an inheritance tax or estate tax on an Oneida County estate?
Idaho has no inheritance tax, no gift tax and no estate tax for current deaths; the Idaho State Tax Commission states that Idaho's estate tax for deaths expired in 2004 at tax.idaho.gov/taxes/estates-and-taxes/. An estate may still owe federal tax and may still have to file 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.