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The End of Life Plannerby Valoren

General information · not a substitute for the advice of an attorney.

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Probate in Idaho

What Idaho’s own law and courts say about probate, from how an estate comes before the court to when creditors must claim. Nothing on this page decides whether a particular estate needs probate. That question belongs to the court, or to an attorney in Idaho.

  • Every fact dated, in the official words
  • Each state’s own law

Every quotation checked October 9, 2026 – October 24, 2026

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Every quotation on this page is the official body’s own words, as they stood on the day we read them. The date is beside each one.

Informal probate before the registrar, and how soon after a death it can begin

Applications for informal probate, informal statement of in- testacy where the estate is community and there is a surviving spouse, or in- formal appointment shall be directed to the registrar

the registrar, upon making the findings required by section 15-3-303 of this chapter shall issue a written statement of informal probate if at least five (5) days have elapsed since the decedent's death.

if at least one hundred twenty (120) hours have elapsed since the decedent's death

Idaho · general information · checked October 9, 2026 · Idaho Code §§15-3-301, 15-3-302, 15-3-307(a)

The time limit for opening probate, and the proceedings outside it

No informal probate or appointment proceeding or formal testacy or appointment proceeding, other than a proceeding to probate a will previ- ously probated at the testator's domicile and appointment proceedings re- lating to an estate in which there has been a prior appointment or proceed- ings under section 15-3-1201, Idaho Code, or section 15-3-1205, Idaho Code, may be commenced more than three (3) years after the decedent's death, ex- cept:

Idaho · general information · checked October 9, 2026 · Idaho Code §15-3-108

The notice to creditors a personal representative may publish, and when claims are barred with and without it

a personal representative upon his appointment may pub- lish a notice to creditors once a week for three (3) successive weeks in a newspaper of general circulation in the county

within four (4) months after the date of the first publication of the notice or be forever barred.

unless presented within the earlier of the following dates:

(1) three (3) years after the decedent's death; or

Idaho · general information · checked October 9, 2026 · Idaho Code §§15-3-801(a), 15-3-803(a)

What the person holding the will must do, and contempt for refusing

After the death of the testator, any person having custody of a will of the testator shall deliver it with reasonable promptness to a person able to secure its probate and if none is known, to an appropriate court.

Any person who willfully refuses or fails to de- liver a will after being ordered by the court in a proceeding brought for the purpose of compelling delivery is subject to penalty for contempt of court.

Idaho · general information · checked October 24, 2026 · Idaho Code §15-2-902

The Secretary of State’s will registry: what it records, its fee, and who may search it

The secretary of state shall create and maintain a will registry.

include: the full name of the person making the will; the date the will was made; and sufficient identification of the location of the will at the time of registration.

The fee for registration shall be ten dollars ($10.00)

Only interested persons as defined in section 15-1-201, Idaho Code, or their attorneys may search the records contained herein.

Idaho · general information · checked October 24, 2026 · Idaho Code §15-2-1001

The same page for other states

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FAQ

Common questions

Applications for informal probate, informal statement of in- testacy where the estate is community and there is a surviving spouse, or in- formal appointment shall be directed to the registrar

the registrar, upon making the findings required by section 15-3-303 of this chapter shall issue a written statement of informal probate if at least five (5) days have elapsed since the decedent's death.

if at least one hundred twenty (120) hours have elapsed since the decedent's death

Idaho · general information · checked October 9, 2026 · Idaho Code §§15-3-301, 15-3-302, 15-3-307(a)

No informal probate or appointment proceeding or formal testacy or appointment proceeding, other than a proceeding to probate a will previ- ously probated at the testator's domicile and appointment proceedings re- lating to an estate in which there has been a prior appointment or proceed- ings under section 15-3-1201, Idaho Code, or section 15-3-1205, Idaho Code, may be commenced more than three (3) years after the decedent's death, ex- cept:

Idaho · general information · checked October 9, 2026 · Idaho Code §15-3-108

a personal representative upon his appointment may pub- lish a notice to creditors once a week for three (3) successive weeks in a newspaper of general circulation in the county

within four (4) months after the date of the first publication of the notice or be forever barred.

unless presented within the earlier of the following dates:

(1) three (3) years after the decedent's death; or

Idaho · general information · checked October 9, 2026 · Idaho Code §§15-3-801(a), 15-3-803(a)

a personal representative upon his appointment may pub- lish a notice to creditors once a week for three (3) successive weeks in a newspaper of general circulation in the county

within four (4) months after the date of the first publication of the notice or be forever barred.

unless presented within the earlier of the following dates:

(1) three (3) years after the decedent's death; or

Idaho · general information · checked October 9, 2026 · Idaho Code §§15-3-801(a), 15-3-803(a)

After the death of the testator, any person having custody of a will of the testator shall deliver it with reasonable promptness to a person able to secure its probate and if none is known, to an appropriate court.

Any person who willfully refuses or fails to de- liver a will after being ordered by the court in a proceeding brought for the purpose of compelling delivery is subject to penalty for contempt of court.

Idaho · general information · checked October 24, 2026 · Idaho Code §15-2-902

The secretary of state shall create and maintain a will registry.

include: the full name of the person making the will; the date the will was made; and sufficient identification of the location of the will at the time of registration.

The fee for registration shall be ten dollars ($10.00)

Only interested persons as defined in section 15-1-201, Idaho Code, or their attorneys may search the records contained herein.

Idaho · general information · checked October 24, 2026 · Idaho Code §15-2-1001

For anyone who would rather their family found it all in one place than went looking.

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