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Teton County, ID Probate Information
Quick facts
| Item | Details |
|---|---|
| Court | The magistrate division of the district court at the Teton County Courthouse, for probate matters assigned under Idaho Code § 1-2208 |
| Courthouse address | Teton County Courthouse, 150 Courthouse Drive, Room 306, Driggs, ID 83422 |
| Mailing address | Same as the courthouse address |
| Phone | (208) 776-8210, Court and Traffic Fines office, Room 306 |
| Fax | (208) 776-8190, Clerk, Auditor, Recorder office, Room 208. Call before sending anything by fax. |
| Hours | 9:00 a.m. to 5:00 p.m., Monday through Friday. Call before traveling because no filing cutoff was posted for Teton County. |
| Filing fee | $166.00 to open a probate in the magistrate division, effective July 12, 2024, for a petition for formal probate or an application for informal probate. The amount includes the magistrate-division fee under Idaho Code § 31-3201A, the $26 judges' retirement fund fee under Idaho Code § 1-2003, the Idaho Code fund fee under Idaho Code § 73-213 and the civil administrative surcharge under Idaho Code § 31-3201. |
| Local forms | Teton County does not post a county probate packet. Check the Court Assistance Office at courtselfhelp.idaho.gov and the Court Assistance Office for Teton County before filing. |
| E-filing | Attorneys must use electronic filing under the Idaho Rules for Electronic Filing and Service. A self-represented individual may use iCourt File and Serve or file on paper with the clerk of the district court, and a self-represented filer who chooses electronic filing must keep using it for the case unless the court allows withdrawal. |
| 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). |
| Case lookup | Use the 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. Teton County did not post a probate hearing calendar or a county-specific remote practice. |
| Website | Court and Traffic Fines office for Teton County: https://www.tetoncountyidaho.gov/services/court_traffic_fines/index.php |
Before you begin — know the assets and liabilities
Before you file in Teton County, make a working list of the decedent's accounts, debts, real property, vehicles, titled assets and likely nonprobate transfers. The right estate settlement path depends on what exists, who is entitled to it and whether a personal representative needs letters testamentary or letters of administration under Idaho Code § 15-1-201 and § 15-3-103.
Sunset's asset discovery searches more than 2,300 financial institutions so families can find accounts before they prepare the Teton County filing. That helps you decide whether estate settlement needs a Driggs court filing, a lawyer's review or another Idaho Code Title 15 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 Teton County Courthouse.
Teton County is in Idaho's Seventh Judicial District, which includes Lemhi, Custer, Butte, Clark, Fremont, Jefferson, Madison, Teton, Bonneville and Bingham Counties, with seven district judges under Idaho Code § 1-808. The district organizes judges and local rules; it does not move a Teton County probate filing out of Driggs.
For the first informal or formal testacy or appointment proceeding, venue is in the county where the decedent had domicile 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).
The jurisdiction process
- Identify the property, debts, heirs, devisees and whether a will exists. If there is a will, keep the original because an e-filed testate case still requires the original will and its attached pleading to be filed conventionally within seven business days under I.R.E.F.S. Rule 5(a).
- Choose the filing path. An informal case uses an application under Idaho Code § 15-3-301. A formal testacy or appointment case starts with a petition under Idaho Code § 15-3-401 and § 15-3-402.
- Prepare the filing packet. Teton County does not post a county probate packet, so the personal representative or an attorney drafts the application or petition from Idaho Code Title 15, chapter 3 and checks the Court Assistance Office at courtselfhelp.idaho.gov for current probate forms and document review options.
- File with the clerk of the district court at the Teton County Courthouse, 150 Courthouse Drive, Room 306, Driggs, ID 83422. Use the Court and Traffic Fines office number, (208) 776-8210, for filing-counter questions.
- Pay the $166.00 filing fee, effective July 12, 2024, for a petition for formal probate or an application for informal probate. The amount includes Idaho Code § 31-3201A, Idaho Code § 1-2003, Idaho Code § 73-213 and Idaho Code § 31-3201.
- If you are an attorney, file electronically under the Idaho Rules for Electronic Filing and Service Rule 4(a). If you are self-represented, you may use iCourt File and Serve or file on paper under I.R.E.F.S. Rule 4(b). A self-represented filer who chooses electronic filing must keep using it for the life of the case unless the court allows withdrawal, and Tyler's electronic filing site lists a $5.00 electronic filing fee effective December 15, 2023.
- In an informal proceeding, the registrar, meaning a magistrate judge or a district judge and not the clerk, makes the findings and issues a written statement of informal probate or an order of appointment when the Idaho Code requirements are met (Idaho Code § 15-1-307, § 15-3-302, § 15-3-307).
- If the case is formal or otherwise needs a hearing, ask Room 306 how the Seventh Judicial District will set the hearing. Idaho R. Civ. P. 7.2 allows the court to hold certain matters by telephone or video teleconference, but the court decides whether that is allowed.
- After appointment, the personal representative qualifies and receives 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 the estate. Idaho lets a personal representative publish notice to creditors once a week for three successive weeks to start a four-month claims bar, with a 60-day mailed-notice period 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).
Forms and documents
Probate forms in Teton County
Teton County does not post a county probate packet, county probate cover sheet or county probate checklist on the Teton County filing page or the Court Assistance Office page for Teton County. The county's filing office is Room 306 at the courthouse in Driggs.
Idaho's Court Assistance Office materials are at courtselfhelp.idaho.gov, and the Court Assistance Office page for Teton County gives a local Driggs address and phone number. A personal representative or attorney should still draft the application for informal probate under Idaho Code § 15-3-301 or the petition for formal probate under Idaho Code § 15-3-401 and § 15-3-402 from the statute and confirm any current probate forms with the Court Assistance Office before filing.
Local nuance
Teton County-specific considerations
| Local point | Why it matters |
|---|---|
| Two courthouse offices | For court filings, use the Court and Traffic Fines office in Room 306 at 150 Courthouse Drive, Driggs, phone (208) 776-8210. The Clerk, Auditor, Recorder office is in Room 208 and uses (208) 776-8111 for its separate office functions; the clerk of the district court is also the county's auditor and recorder under Idaho Code § 31-2001. |
| Seventh Judicial District | Teton County is one of ten counties in Idaho's Seventh Judicial District under Idaho Code § 1-808. The district judge resident chambers listed in that statute are in Madison, Bingham, Bonneville and Jefferson Counties, but a Teton County estate filing still goes to the courthouse in Driggs. |
| Hours | Both the Room 306 court filing page and the Room 208 clerk page list 9:00 a.m. to 5:00 p.m., Monday through Friday. No Teton County filing cutoff was posted, so call before traveling. |
Recent updates
Scenarios
| Situation | Likely Teton County path | Where Sunset helps |
|---|---|---|
| Surviving spouse w/ co-owned home | Start by identifying how the home is titled and whether the spouse is the sole beneficiary. If the surviving spouse is the sole beneficiary, Idaho Code § 15-3-1205 may allow summary administration, but the spouse assumes liability for indebtedness that might be a claim against the estate. | Sunset helps locate accounts, debts and title clues before the spouse decides whether to file in Driggs or ask a lawyer to review the Idaho Code § 15-3-1205 option. |
| Out-of-state adult child w/ small estate | If only personal property needs collection, the Idaho Code § 15-3-1201 collection of personal property by affidavit may apply after 30 days, when the probate property measure and other statutory statements fit. If court authority is needed, file the application or petition at the Teton County Courthouse in Driggs. | Sunset helps determine whether accounts exist across institutions, then organizes the information needed for a Teton County filing or for an Idaho Code § 15-3-1201 discussion with counsel. |
| Parent settling predeceased child's estate, home must be sold | A home generally points toward a court filing so a personal representative can receive letters testamentary or letters of administration under Idaho Code § 15-1-201 and § 15-3-103. File in Teton County if venue is proper under the domicile rule in Idaho Code § 15-3-201. | Sunset helps build the asset list, prepare a probate packet and connect the parent with a local attorney when a real-property sale makes legal review important. |
Self-help resources
| Resource | How it helps | Contact |
|---|---|---|
| Court Assistance Office for Teton County | Provides court forms, document review and legal information through the Court Assistance Office system at courtselfhelp.idaho.gov. It does not provide legal advice. | 150 Courthouse Dr., Driggs, ID 83422; (208) 589-9872 |
| Idaho Legal Aid Services | Statewide civil legal aid intake. Its service areas do not list probate administration, so ask what help is available for your situation. | Legal Advice Line: 208-746-7541; https://www.idaholegalaid.org/apply-for-help |
| Idaho Volunteer Lawyers Program | Provides civil advice and consultation through volunteer attorneys and advice-and-counsel clinics by appointment; it is not an emergency program. | https://ilf.idaho.gov/ivlp/legal-assistance/ |
| Idaho State Bar Lawyer Referral Service | Connects callers with participating Idaho attorneys. The referral fee was listed as $35 when this page was reviewed in August 2026, and the Idaho State Bar says the initial up to half-hour consultation is at no fee. | (208) 334-4500; https://isb.idaho.gov/lawyer-referral-service/ |
When to hire an attorney
Consider counsel when the estate includes real property, creditor disputes, a disagreement among heirs, a will contest, a non-Idaho personal representative, community property questions or uncertainty about whether the Idaho Code § 15-3-1201 or § 15-3-1205 routes fit. 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 find accounts, insurance, retirement assets and other property that can change the estate settlement plan.
Generate the probate packet. Sunset turns the family and asset information into an organized probate packet for the Teton County Courthouse, helping you prepare for an application, petition or attorney review.
Find a local probate attorney. If the estate needs legal advice, real-property work or a contested filing, Sunset can connect the family with a vetted Idaho probate attorney.
Sunset is free for families. Sunset helps families start estate settlement without charging the family, and families can decide whether they want attorney help before filing in Teton County.
Frequently asked questions
Where do I file probate in Teton County, Idaho?
File with the clerk of the district court at the Teton County Courthouse, 150 Courthouse Drive, Room 306, Driggs, ID 83422. Idaho assigns probate to the magistrate division of the district court (Idaho Code § 1-2208), and venue depends on the decedent's domicile or Idaho property location under Idaho Code § 15-3-201.
Which Teton County phone number should I call about a probate filing?
Call (208) 776-8210 for the Court and Traffic Fines office in Room 306, which is the filing office at the address used for court documents. The Clerk, Auditor, Recorder office in Room 208 has a separate number, (208) 776-8111, and the clerk of the district court is also the county's auditor and recorder under Idaho Code § 31-2001.
Can I e-file a Teton County probate case?
Attorneys must use electronic filing under the Idaho Rules for Electronic Filing and Service Rule 4(a). A self-represented individual may use iCourt File and Serve or file on paper under I.R.E.F.S. Rule 4(b), but a self-represented filer who chooses electronic filing must keep using it for the case unless the court allows withdrawal.
Do I still need to bring the original will if the case is e-filed?
Yes, if there is a will. I.R.E.F.S. Rule 5(a) says the original will and the pleading it is attached to must be filed conventionally within seven business days even when the case uses electronic filing under the Idaho Rules for Electronic Filing and Service.
Does Teton County post probate forms online?
Teton County does not post a county probate packet on its filing page or the Court Assistance Office page for Teton County. Check courtselfhelp.idaho.gov for Court Assistance Office materials, then prepare the informal probate application under Idaho Code § 15-3-301 or the formal probate petition under Idaho Code § 15-3-401 and § 15-3-402.
How much is the Teton County probate filing fee?
The 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 includes Idaho Code § 31-3201A, the $26 judges' retirement fund fee under Idaho Code § 1-2003, Idaho Code § 73-213 and the civil administrative surcharge under Idaho Code § 31-3201.
Can I look up a Teton County probate case online?
Use the iCourt Portal at https://mycourts.idaho.gov/odysseyportal/ for Idaho's statewide online records and payments portal. Access to court records is governed by Idaho Court Administrative Rule 32, so call the Teton County clerk of the district court if you need to know what is visible for a particular case.
Can I attend a Teton County probate hearing 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 is the court's. For summary administration where a surviving spouse is the sole beneficiary, Idaho Code § 15-3-1205 allows the petitioner to move to appear telephonically or submit affidavits instead of appearing, while also making the spouse liable for indebtedness that might be a claim against the estate.
Do I have to travel to Driggs for every step?
Not always, but do not assume the case can be handled entirely from outside Teton County. Self-represented filers may file on paper or use electronic filing under the Idaho Rules for Electronic Filing and Service, hearings depend on Idaho R. Civ. P. 7.2 and the court's direction, and original wills require a conventional filing under I.R.E.F.S. Rule 5(a).
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.