The figures on this page are general estimates. Laws, fees, thresholds, and prices differ by state and change often, and your own situation may change the result. Before you act, confirm the current numbers and rules for Idaho with a licensed professional — an attorney, tax advisor, or licensed agent as appropriate. Reading this page does not create a professional relationship.
This page is built to print. Use your browser's Print command and choose "Save as PDF" for a one-page Idaho reference. Every figure below is compiled from the statutes and state authorities listed at the bottom — the same sources cited on our Idaho probate pages.
Idaho probate fees
| Item | Idaho |
|---|---|
| Court filing fee | $120. Probate of wills and administration of decedents' estates are assigned to the magistrate division of the district court (Idaho Code §1-2208(2)), and Idaho Code §31-3201A(1) sets the filing fee for a case assigned to the magistrate division at $120 (against $175 for a district court civil case). Separate later fees apply: $25 for a petition for distribution of the estate (§31-3201A(6)) and $9 for filing an account (§31-3201A(5)). |
| Attorney fees | Not statutory. Idaho attorneys charge a flat fee or an hourly rate. Idaho Code §15-3-721 lets the court review, on petition of an interested person or on motion where administration is supervised, the propriety of employing any person by the personal representative including an attorney, and the reasonableness of that person's compensation, and order any person who received excessive compensation to make a refund. Idaho Code §15-3-720 is narrower and applies to estate litigation only: where a personal representative or a person nominated as personal representative defends or prosecutes a proceeding in good faith, whether successful or not, the estate pays that person's necessary expenses and disbursements including reasonable attorney's fees. |
| Executor / personal representative fees | Idaho Code §15-3-719 entitles the personal representative to reasonable compensation for services — there is no fixed percentage. The same section provides that a personal representative may renounce the right to all or any part of the compensation, and that a written renunciation of fee may be filed with the court. Where a will provides for compensation and there is no contract with the decedent about it, the personal representative may renounce that provision before qualifying and take reasonable compensation instead. |
| Fee basis | reasonable |
| Appraisal / referee | Not used. Idaho does not appoint a state appraiser. The personal representative prepares an inventory and may hire an independent appraiser for hard-to-value assets when needed. |
Worked example
Idaho sets no mandatory percentage, so no worked example can be calculated from the statute: the court reviews the fee for reasonableness on the facts of the estate.
Idaho thresholds and deadlines
| Item | Idaho |
|---|---|
| Small-estate threshold | Idaho Code §15-3-1201(1) measures the threshold on "the value of the entire estate of the decedent which is subject to probate, wherever located, less liens and encumbrances", and sets it at $100,000 — not on personal property alone, though personal property is what the affidavit delivers. (2) requires thirty days since the death, and (3) that no application or petition for appointment of a personal representative or for summary administration is pending or has been granted in any jurisdiction. |
| Creditor claim period | Four months after the date of the first publication of the notice to creditors, which the personal representative "may publish" rather than must, under Idaho Code §15-3-801(a). A creditor given written notice by mail or other delivery has the later of that four months or 60 days after the mailing or delivery (§15-3-801(b)). Claims arising before death are barred at the earlier of three years after the decedent's death or the applicable §15-3-801 period (Idaho Code §15-3-803(a)). |
| Statutory floor (creditor period) | Four months after the date of the first publication of the notice to creditors, which the personal representative "may publish" rather than must, under Idaho Code §15-3-801(a). A creditor given written notice by mail or other delivery has the later of that four months or 60 days after the mailing or delivery (§15-3-801(b)). Claims arising before death are barred at the earlier of three years after the decedent's death or the applicable §15-3-801 period (Idaho Code §15-3-803(a)). |
| Transfer-on-death deed | Idaho does not currently authorize a transfer-on-death deed for real estate. S1399 (2026), "Uniform Real Property Transfer on Death Act", was reported printed and referred to the Senate Judiciary and Rules Committee on 18 March 2026, and the Legislature's bill history records no action after that. As a community-property state, Idaho instead relies on community property with right of survivorship (Idaho Code §15-6-401, which creates that estate only where the grant, transfer or devise expressly declares it), joint tenancy, and living trusts to pass real property outside probate. |
What passes outside Idaho probate
These transfers are not part of the estate the fees above are calculated on:
- Beneficiary designations — retirement accounts, life insurance, payable-on-death accounts.
- Joint ownership with right of survivorship.
- Transfer-on-death deed — Idaho does not currently authorize a transfer-on-death deed for real estate. S1399 (2026), "Uniform Real Property Transfer on Death Act", was reported printed and referred to the Senate Judiciary and Rules Committee on 18 March 2026, and the Legislature's bill history records no action after that. As a community-property state, Idaho instead relies on community property with right of survivorship (Idaho Code §15-6-401, which creates that estate only where the grant, transfer or devise expressly declares it), joint tenancy, and living trusts to pass real property outside probate.
- Assets titled into a funded living trust.
Sources for this sheet
- Statutes: Idaho Code §15-3-719; Idaho Code §15-3-720; Idaho Code §15-3-801; Idaho Code §15-3-1201; Idaho Code §15-6-401
- State authority: Idaho State Legislature (Uniform Probate Code, Title 15)
- Small-estate threshold: https://legislature.idaho.gov/statutesrules/idstat/title15/t15ch3/sect15-3-1201/
- Transfer-on-death deed: https://legislature.idaho.gov/sessioninfo/2026/legislation/S1399/
- Executor fees: https://legislature.idaho.gov/statutesrules/idstat/title15/t15ch3/sect15-3-719/
- Court filing fees: https://legislature.idaho.gov/statutesrules/idstat/Title31/T31CH32/SECT31-3201A/
Compiled August 15, 2026 from the sources listed above. Fee schedules, thresholds, and court costs are amended by legislatures and courts — confirm each figure against the cited statute or the Idaho court before relying on it.
The full Idaho guides
- How Much Does Probate Cost in Idaho? — the full cost breakdown.
- How Much Does an Executor Get Paid in Idaho? — the fee rule in detail.
- How Long Does Probate Take in Idaho? — the timeline and its statutory floor.
- Executor Deadlines in Idaho — inventory deadline, creditor-claim period and outer bar, each quoted from the statute.
- How to Avoid Probate in Idaho — the transfers that pass outside it.
- How Much Does a Will Cost in Idaho? — execution requirements and pricing.
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This sheet sets out Idaho probate figures as published at the time of compilation. It is not legal advice. Figures and statutes change and their application depends on the specific estate. Confirm current figures with the Idaho courts or a licensed Idaho attorney.