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Shoshone County, ID Probate Information
Quick facts
| Topic | Shoshone County details |
|---|---|
| Court | The magistrate division of the district court at the Shoshone County Courthouse, for probate of wills and administration of estates (Idaho Code § 1-2208). |
| Courthouse address | Shoshone County Courthouse, 700 Bank Street, Suite 120, Wallace, ID 83873. |
| Mailing address | Same as the courthouse address. |
| Phone | The Idaho Judiciary lists (208) 752-1264. Shoshone County's Clerk and court pages publish (208) 752-1266, with extension 1 for the second-floor magistrate office. Try the other number if one does not connect. |
| Fax | (208) 556-1911, published by the Shoshone County Clerk. Call before sending anything. |
| Hours | 9:00 a.m. to 5:00 p.m., Monday through Friday, Pacific time. No midday closure or filing cutoff is published, so call before traveling. |
| Filing fee | $166.00 to open a probate in the magistrate division, whether by petition for formal probate or application for informal probate, according to the Idaho Supreme Court Appendix A filing fee schedule effective July 12, 2024. The total 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). Confirm the current amount with the clerk of the district court before you file. |
| Local forms | Shoshone County does not post a county probate packet on its public court page or its Court Assistance Office page. Court Assistance Office materials are at https://courtselfhelp.idaho.gov/Forms. |
| E-filing | Attorneys must e-file under the Idaho Rules for Electronic Filing and Service. A self-represented personal representative may use iCourt File and Serve or file on paper with the Shoshone County clerk of the district court, but a self-represented filer who chooses electronic filing must keep using it unless the court allows withdrawal (I.R.E.F.S. Rule 4). If an original will is involved, I.R.E.F.S. Rule 5(a) requires the original will and the pleading it is attached to be filed conventionally within seven business days. The vendor notice says that as of December 15, 2023, a $5.00 electronic filing charge applies. |
| Case search | Use the statewide iCourt Portal at https://mycourts.idaho.gov/odysseyportal/. 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, but the decision is the court's. No Shoshone County probate hearing day or First Judicial District probate remote practice is published for this page. |
| Website | Public court information for Shoshone County: https://shoshonecounty.id.gov/shoshone-county-courts/ |
Before you begin — know the assets and liabilities
Before you file anything in Wallace, make a working list of the accounts, real property, vehicles, debts, tax items and family contacts. The correct Shoshone County path depends on what is actually in the estate, whether there is a will, and whether someone needs letters testamentary or letters of administration (Idaho Code § 15-1-201, § 15-3-103).
Sunset's estate settlement process starts with asset discovery across more than 2,300 institutions, then organizes the information into a probate packet or attorney handoff. That prevents the first filing from being built around an incomplete asset picture.
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 Shoshone County Courthouse.
Shoshone County is in Idaho's First Judicial District with Boundary, Bonner, Kootenai and Benewah Counties. Idaho Code § 1-802 places eight district judges in the First Judicial District, with one resident chambers in Shoshone County, but the judicial district organizes judges and local rules, not the filing counter. For a first probate proceeding, venue is in the county of the decedent's domicile, or, if the decedent was not domiciled in Idaho, in a county where the decedent's property was located (Idaho Code § 15-3-201).
The jurisdiction process
- Choose the opening path. Use an application for informal probate or informal appointment when the matter can proceed before the registrar, who is a magistrate judge or district judge, not the clerk (Idaho Code § 15-1-307, § 15-3-301, § 15-3-302, § 15-3-307). Use a petition for formal probate when the matter needs a judge with notice to interested persons (Idaho Code § 15-1-201, § 15-3-401, § 15-3-402).
- Prepare the filing. Include the original will if there is one, the application or petition, proposed appointment papers, and any supporting documents needed for the requested relief. If the case is e-filed 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)).
- File with the clerk of the district court at the Shoshone County Courthouse, 700 Bank Street, Suite 120, Wallace, ID 83873. Attorneys must use iCourt File and Serve. A self-represented personal representative may file electronically or on paper, but choosing electronic filing commits that filer to electronic filing for the life of the case unless the court allows withdrawal (Idaho Rules for Electronic Filing and Service Rule 4).
- Pay the opening filing fee. The probate opening fee is $166.00 under the Idaho Supreme Court Appendix A filing fee schedule effective July 12, 2024, with the statutory components described in Idaho Code § 31-3201A, § 1-2003, § 73-213 and § 31-3201. Confirm the amount and payment method with the clerk before filing.
- Address notice and hearing needs. Informal proceedings are handled by the registrar without the formal-hearing structure described for formal proceedings (Idaho Code § 15-1-201, § 15-3-302). Formal proceedings require notice to interested persons and are conducted before a judge (Idaho Code § 15-1-201, § 15-3-401).
- Ask about hearing format if a hearing is set. Idaho R. Civ. P. 7.2 allows the court to hold certain matters by telephone or video teleconference, but the judge decides. In a 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 liability for estate debts under that procedure (Idaho Code § 15-3-1205).
- Obtain authority. Once the personal representative is appointed, the estate is administered through letters testamentary if there is a will or letters of administration if there is no will (Idaho Code § 15-1-201, § 15-3-103).
- Administer and close the estate. The personal representative may publish notice to creditors once a week for three successive weeks to start a four-month claims bar, with a 60-day mailed-notice rule for creditors who receive written notice (Idaho Code § 15-3-801). Within three months after appointment, the personal representative prepares an inventory, sends a copy to interested persons who request it and may file the original with the court (Idaho Code § 15-3-706). Closing depends on the route and the estate's facts.
Forms and documents
Probate forms in Shoshone County
Shoshone County's public court page and its Court Assistance Office page do not post a county probate packet, cover sheet or checklist. The statewide Court Assistance Office form library at https://courtselfhelp.idaho.gov/Forms lists many civil and family categories, but that page does not list probate as a category.
A personal representative or attorney usually drafts the application for informal probate from Idaho Code § 15-3-301 or the petition for formal probate from Idaho Code § 15-3-402. If a will is involved and the case is e-filed, I.R.E.F.S. Rule 5(a) also requires the original will and the pleading it is attached to be filed conventionally within seven business days.
Local nuance
Shoshone County-specific considerations
Do not confuse Shoshone County with the town of Shoshone. The town of Shoshone is the county seat of Lincoln County in Idaho's Fifth Judicial District. Shoshone County is seated in Wallace, in Idaho's First Judicial District (Idaho Code § 1-802).
Shoshone County's own court information places the magistrate office on the second floor of the Shoshone County Courthouse and lists probates among the matters handled there. That local page publishes (208) 752-1266, extension 1, for the magistrate office, while the Idaho Judiciary also lists (208) 752-1264 for Shoshone County.
Recent updates
Scenarios
| Scenario | Likely Shoshone County path | Where Sunset helps |
|---|---|---|
| Surviving spouse w/ co-owned home | Start by identifying title, debts and whether the spouse is the sole beneficiary. Idaho has a summary administration route for a surviving spouse who is the sole beneficiary, with a telephonic-appearance option and a debt-liability rule (Idaho Code § 15-3-1205). If that route does not fit, the spouse may need informal or formal probate in Wallace. | Sunset organizes the asset list, flags title questions for attorney review and prepares an estate settlement handoff. |
| Out-of-state adult child w/ small estate | If the estate consists only of qualifying personal property, the child may be able to use Idaho Code § 15-3-1201 instead of opening a full proceeding. If letters are needed, file in Shoshone County if venue is proper based on domicile or Idaho property (Idaho Code § 15-3-201). | Sunset helps determine whether accounts are nonprobate, whether letters are needed and whether travel to Wallace can be minimized. |
| Parent settling predeceased child's estate, home must be sold | A home sale usually requires authority from a Shoshone County proceeding unless title already passes outside probate. The likely path is an application for informal probate or a petition for formal probate, followed by letters testamentary or letters of administration (Idaho Code § 15-1-201, § 15-3-103, § 15-3-301, § 15-3-402). | Sunset builds the estate settlement inventory, gathers account information and connects the family with a local probate attorney when a sale or title issue needs legal work. |
Self-help resources
| Resource | How it helps | Contact |
|---|---|---|
| Court Assistance Office for Shoshone County | Offers Court Assistance Office resources, court forms, document review and legal information for self-represented parties through courtselfhelp.idaho.gov. Shoshone County open office hours are the 4th Friday of the month, 10:00 a.m. to 2:00 p.m., in the County Commissioners Conference Room on the 1st floor of the courthouse. | 700 Bank Street, Wallace, ID 83873. Phone: (208) 446-1225. Page: https://courtselfhelp.idaho.gov/Local/Shoshone |
| Idaho Legal Aid Services | Statewide civil legal aid intake. Its service areas do not list probate administration, so call to ask whether any help is available for your situation. | Legal Advice Line: 208-746-7541. Apply online: https://www.idaholegalaid.org/apply-for-help |
| Idaho Volunteer Lawyers Program | Offers civil legal assistance through volunteer attorneys, including advice-and-counsel clinics by appointment. It is not an emergency program, and its wills clinic is estate planning rather than estate administration. | https://ilf.idaho.gov/ivlp/legal-assistance/ |
| Idaho State Bar Lawyer Referral Service | Provides referrals to Idaho attorneys. The Idaho State Bar page lists a $35 referral fee as of the August 2026 page review, with no referral fee for personal injury, medical malpractice or workers' compensation matters, and an initial consultation of up to a half hour at no fee. | (208) 334-4500. https://isb.idaho.gov/lawyer-referral-service/ |
| Idaho State Law Library | Provides legal research access and law library support. It operates under 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. https://isll.idaho.gov |
When to hire an attorney
Consider counsel if the estate includes real property, a disputed will, creditor issues, a business, unclear heirs, a non-Idaho decedent, tax questions or a family conflict. Idaho does not require every personal representative to hire counsel, but Shoshone County does not post a county probate packet, and the registrar, notice rules and letters process can be technical. Sunset connects to a vetted attorney.
How Sunset helps
Find the accounts and assets. Sunset searches for accounts, policies and property leads so the family can start estate settlement with a clearer inventory instead of guessing.
Generate the probate packet. Sunset turns the family intake into an organized Shoshone County probate packet or attorney handoff, including the information needed for an application, petition and letters request.
Find a local probate attorney. When the estate needs legal judgment, Sunset helps connect the family with counsel who can advise on Idaho probate, real property, creditor issues and Shoshone County filing practice.
Sunset is free for families. Families can use Sunset to organize estate settlement, find assets and prepare for the next court or attorney step without paying Sunset.
Frequently asked questions
Where do I file probate for a Shoshone County resident?
File with the clerk of the district court at the Shoshone County Courthouse in Wallace if Shoshone County is the proper venue. Idaho Code § 15-3-201 places venue for the first proceeding in the county of the decedent's domicile, or, for a non-Idaho decedent, in a county where the decedent's property was located.
Which phone number should I use for Shoshone County probate?
The Idaho Judiciary lists (208) 752-1264 for Shoshone County. Shoshone County's own Clerk and public court pages publish (208) 752-1266, and the magistrate office uses extension 1. If one number does not connect, try the other.
Is e-filing required in Shoshone County probate?
Attorneys must file electronically under the Idaho Rules for Electronic Filing and Service. A self-represented personal representative may file through iCourt File and Serve or file on paper with the Shoshone County clerk of the district court, but a self-represented filer who chooses electronic filing must continue electronically unless the court allows withdrawal (I.R.E.F.S. Rule 4).
What is the Shoshone County probate filing fee?
The opening filing fee is $166.00 under the Idaho Supreme Court Appendix A filing fee schedule effective July 12, 2024. It is tied to Idaho Code § 31-3201A, § 1-2003, § 73-213 and § 31-3201. Confirm the current amount with the Shoshone County clerk of the district court before filing.
Does Shoshone County publish probate forms?
Shoshone County does not post a county probate packet on its public court page or its Court Assistance Office page. The Court Assistance Office form library is at https://courtselfhelp.idaho.gov/Forms, and a personal representative or attorney drafts the informal application or formal petition from Idaho Code § 15-3-301 or § 15-3-402.
Can I attend a Shoshone County probate hearing by phone or video?
Possibly, but only if the court allows it. Idaho R. Civ. P. 7.2 allows certain hearings by telephone or video teleconference. For a summary administration where a surviving spouse is the sole beneficiary, Idaho Code § 15-3-1205 allows a motion to appear telephonically or affidavits instead of appearing, with the surviving spouse's debt-liability rule.
How do I look up a Shoshone County probate case?
Use the statewide iCourt Portal at https://mycourts.idaho.gov/odysseyportal/. Access to court records is governed by Idaho Court Administrative Rule 32, so call the Shoshone County clerk of the district court if you need to know what is visible for a specific case.
Do I have to travel to Wallace to start probate?
A paper filing goes to the Shoshone County Courthouse in Wallace. A self-represented personal representative may choose iCourt File and Serve under the Idaho Rules for Electronic Filing and Service, and attorneys must use electronic filing. If the estate has an original will, I.R.E.F.S. Rule 5(a) still requires the original will and the pleading it is attached to be filed conventionally within seven business days.
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.