The Idaho Application for Informal Probate is the court form a family member files in the magistrate court to open a probate case, prove a will (if there is one), and get appointed as the personal representative who settles a loved one’s estate. You file it with the magistrate division of the district court in the county where the person who died lived, and the court registrar reviews it without a hearing under Idaho Code 15-3-301.
When a will exists, the form is the Application for Informal Probate of Will and Appointment of Personal Representative (often labeled IUPC008 by the Idaho State Bar probate forms). When there is no will, you use the intestate version, the Application for Informal Appointment of Personal Representative. Either way, getting one box wrong can stall your case for weeks, and a single estate moving through the Court Assistance Office packet must stay open at least 6 months because creditors get 4 months to file claims. Most Idaho probates take 6 to 12 months, and the filing fee is currently around $166 in most counties.
Here is what you will learn in this guide:
- 📋 What the application does, who must file it, and which version fits a will versus no will.
- 🗂️ Every document and number you need to gather before you open the form.
- ✍️ A line-by-line walkthrough of each box, with sample entries and the mistakes that cause rejections.
- 🏛️ How to file by mail, in person, or through the iCourt e-filing portal, with fees and proof to keep.
- ❓ Clear answers to the field-level questions that trip up most first-time filers.
What the Form Is and Who Must File It
The Idaho Application for Informal Probate is a request to the court registrar to do two things at once. First, it asks the registrar to accept a will as valid (when there is one). Second, it asks the registrar to appoint a personal representative, the person who collects assets, pays debts, and hands out what is left. In Idaho, this person is called a personal representative whether or not there is a will.
The form goes to the magistrate division of the district court in the county where the decedent was domiciled, which means their permanent home. Idaho is a Uniform Probate Code state, so a registrar, not a judge at a hearing, reviews informal applications. This is what makes informal probate faster and cheaper than formal probate.
You must file when the person who died owned real property (land or a house) in their sole name, or owned personal property worth more than $100,000 that does not pass automatically. If the estate is under $100,000 and has no real property, you may skip probate and use a small estate affidavit instead under Idaho Code 15-3-1201. Informal probate is the right path only for uncontested estates. If anyone disputes the will or the appointment, the case must go to formal probate.
The person with the highest priority usually files. A will names an executor, and that person has first priority. When there is no will, the surviving spouse has priority, then adult children, then other heirs under Idaho Code 15-3-203. A common misconception is that anyone in the family can just file. The registrar checks priority, and a lower-priority applicant must attach a Renunciation or Nomination from those who rank higher.
Before You Start: Documents and Information You Need
Gather everything below before you open the form. Missing items are the top reason cases stall at the clerk’s window. Idaho’s Court Assistance Office recommends having each piece ready so the registrar can approve your application on the first pass.
- Certified death certificate. The court confirms the death and the date that starts every deadline; without it, the registrar cannot act.
- The original will and any codicils. You must lodge the original signed will, not a copy; a missing original can force you into formal probate to prove the will.
- The decedent’s full legal name and any other names used. Banks and title companies cross-check names, so aliases prevent later transfer problems.
- Date and place of death and the county of domicile. This sets venue; filing in the wrong county gets the case bounced.
- A list of heirs and devisees with addresses. You must mail notice within 30 days, so you need current addresses for everyone with an interest.
- An estimate of the estate’s value. The form asks whether personal property is over or under $100,000 and whether there is real property.
- Your own legal name, address, and relationship to the decedent. This establishes your priority to serve.
- The filing fee, about $166. No fee, no filing; bring a card, check, or cash depending on the county.
A pre-filing checklist saves trips. Confirm the will is the last one signed, confirm no other probate is already open in any state, and confirm at least 120 hours have passed since the death before the registrar can act under Idaho Code 15-3-307. If a higher-priority person will not serve, get their signed renunciation now, because chasing it later adds weeks.
Where to Get the Form and How to Access It
You can get the Idaho informal probate application three ways, all free. The first is the Idaho Court Assistance Office (CAO), which offers guided self-help packets through the iCourt self-help portal and at courthouse CAO desks. These packets walk a non-lawyer through each form and are built for pro se filers handling a parent or spouse’s estate.
The second source is the Idaho State Bar, which publishes the standard probate estate administration forms, including the Application for Informal Probate of Will and Informal Appointment and the intestate version. These carry the IUPC prefix, which stands for Idaho Uniform Probate Code.
The third source is your county magistrate court clerk, who can hand you the local packet and tell you the county’s exact fee and copy requirements. Always check the revision date printed on the bottom of the form before you start, because outdated versions are sometimes rejected. If you download a fillable PDF, type your answers rather than handwriting them, since registrars read typed forms faster and make fewer judgment calls about messy handwriting.
Step-by-Step: How to Fill Out the Idaho Application for Informal Probate Line by Line
Work through the form in order. Each field below uses the exact labels printed on the Idaho application. Type your answers, use ALL CAPS only where the form asks, and write dates as MM/DD/YYYY.
Caption: Court, County, and Case Number
The caption sits at the very top and asks for the judicial district, the county, and a blank case number. In plain English, it tells the court where your case belongs. Enter the county where the decedent lived at death and the matching judicial district, and leave the case number blank because the clerk assigns it.
For example, Maria Lopez files in the Fourth Judicial District, County of Ada for her late husband who lived in Boise. She leaves the Case No. line empty.
A common nuance: if the decedent lived in one county but owned land in another, you still file where they were domiciled, not where the land sits. The most common mistake is naming the wrong county, which forces a refiling and a second fee. A frequent misconception is that you pick the most convenient courthouse; venue is set by law, not by preference, under Idaho Code 15-3-201.
Title of the Case: “In the Matter of the Estate of”
This field names the deceased person whose estate you are opening. Write the decedent’s full legal name exactly as it appears on the death certificate, followed by Deceased. Use the form In the Matter of the Estate of JOHN ROBERT SMITH, Deceased.
If the decedent used more than one name, add the alias with “aka.” For example, ROBERT J. SMITH, aka BOB SMITH, Deceased, so banks holding accounts under either name will release funds.
A common mistake is using a nickname or shortened name that does not match the death certificate, which causes title companies to refuse later transfers. The misconception here is that the everyday name is fine; the court and asset holders match the legal name, so precision matters.
Box 1: Applicant’s Name, Address, and Interest
This box asks who you are and why you have the right to apply. Enter your full legal name, mailing address, phone number, and your relationship or interest, such as surviving spouse, adult child, or named executor. Maria Lopez writes her name, her Boise address, and Surviving spouse and person named as personal representative in the will.
If you are a creditor or a more distant relative, state that interest plainly, because the registrar uses it to judge your priority. A P.O. Box is fine for mailing, but list a physical address too if the form has room, since the court may need to reach you.
The most common mistake is leaving the interest line vague, like writing only “family.” That gives the registrar no way to confirm your priority and triggers a request for more information, delaying appointment. The misconception is that being related is enough; Idaho ranks applicants by priority under Idaho Code 15-3-203, and you must show where you fall.
Box 2: Decedent’s Information and Date of Death
This box captures the decedent’s full name, age at death, date of death, and county of domicile. Enter the date as MM/DD/YYYY and confirm it matches the death certificate to the day. Maria enters 03/14/2026 and Ada County as her husband’s domicile.
The registrar cannot act until at least 120 hours, or five days, have passed since the death under Idaho Code 15-3-307. If you file too soon, the application is held until that window closes.
The common mistake is copying a date of death that conflicts with the certificate, even by one day, which the registrar will flag. The misconception is that the date is just paperwork; it actually starts the 4-month creditor clock and the 3-year deadline for opening probate, so it controls your whole timeline.
Box 3: Statement on the Will (Testate Cases)
This box asks whether the decedent left a will and states that you are presenting the original. Check the box that says the decedent died testate, give the date the will was signed, and confirm the original is being filed with the application. Maria checks testate, enters the will date 06/02/2019, and lodges the original signed will.
If there are codicils, list each one with its date, because each amends the will and must also be proved. If you only have a copy, stop, because a lost-will situation usually requires formal probate.
The biggest mistake is filing a photocopy and assuming it will do; the registrar needs the original to admit the will informally. The misconception is that a will is automatically valid; the registrar still checks that it appears properly signed and witnessed before accepting it under Idaho Code 15-3-303.
Box 3 (Intestate Version): Statement of No Will
On the intestate application, this box states the decedent died without a will. Check the intestate box and confirm that, after diligent search, no will was found. Carlos Mendez, whose mother left no will, checks intestate and states he searched her home and safe-deposit box.
A nuance arises if a will turns up later; the estate may need to convert to a testate proceeding, so search thoroughly first. List the known heirs in the order Idaho’s intestacy law ranks them.
The common mistake is checking intestate when an unsigned draft will exists somewhere; that draft can surface and unwind your distributions. The misconception is that “no will” means a free-for-all; Idaho’s intestate succession law in Idaho Code 15-2-101 dictates exactly who inherits.
Box 4: Heirs and Devisees
This box lists every person who inherits or has an interest, with their names, ages, addresses, and relationships. Devisees are people named in the will; heirs are those who inherit under intestacy. Maria lists herself and her two adult children with their addresses and ages.
Mark whether any heir is a minor or under a disability, because that may require extra protections. Use current mailing addresses, since you must send each person notice within 30 days of appointment under Idaho Code 15-3-705.
The most common mistake is leaving someone off the list, like an estranged child, which can void distributions and expose you to personal liability. The misconception is that you only list people getting money; you must list all interested persons, even those who inherit nothing, so the court sees the full picture.
Box 5: Priority for Appointment
This box explains why you have priority to serve as personal representative. State your basis, such as being named in the will, being the surviving spouse, or having renunciations from those ahead of you. Maria states she is nominated in the will and is the surviving spouse, the top two priority categories.
If someone with higher priority exists but will not serve, attach their signed Renunciation or a Nomination naming you. Without it, the registrar cannot appoint a lower-priority applicant.
The common mistake is claiming priority you do not have, which the registrar catches against the heir list and the will. The misconception is that the oldest child or the one doing the work automatically gets the role; priority follows the legal order in Idaho Code 15-3-203, not effort or age.
Box 6: Value of the Estate
This box asks for the estimated value of the estate and whether it includes real property. Enter your best good-faith estimate of total assets and check whether personal property exceeds $100,000. Carlos estimates $240,000 and checks that the estate includes real property (his mother’s house).
This figure does not have to be exact at filing, but it should be a reasonable estimate, because it confirms that probate, not a small estate affidavit, is the right track. Distinguish community property from separate property if a spouse survives, since community property often passes outside probate.
The common mistake is guessing too low to seem like a small estate, which can later look like an attempt to dodge probate. The misconception is that this number sets the inheritance taxes; Idaho has no estate or inheritance tax, so the value here mainly confirms the correct process under Idaho Code 15-3-301.
Box 7: Bond
This box addresses whether a bond is required to protect the estate. A bond is an insurance policy that pays heirs if the personal representative mishandles funds. Check whether the will waives bond, whether all heirs waive it, or whether you ask the court to set one. Maria checks that the will waives bond, so none is required.
If the will is silent and heirs do not waive bond, the registrar may require one before issuing Letters. Adult heirs can sign a written waiver to avoid the cost.
The common mistake is ignoring this box, which leaves the registrar unable to issue your authority until bond is resolved. The misconception is that bond is always required; in Idaho, informal appointment usually proceeds without bond when the will waives it or heirs agree under Idaho Code 15-3-603.
Box 8: Statements Required by Statute
This box contains sworn statements that the application is complete and that no other personal representative has been appointed elsewhere. Read each statement and confirm it is true before signing. Carlos confirms no other probate is pending for his mother in any jurisdiction.
These statements track Idaho Code 15-3-301 word for word, so do not cross any out. If any statement is not true for your case, the informal path may not be available, and you may need formal probate.
The common mistake is signing without reading, then discovering a competing probate was already opened by a relative in another state. The misconception is that these are boilerplate you can skip; they are sworn representations, and a false one can lead to removal or liability.
Signature, Verification, and Date
The final block is where you swear the application is true and sign it. Sign your full legal name, print it beneath, and date it MM/DD/YYYY. Many counties require the signature to be verified, which means signed under oath or before a notary or clerk. Maria signs, prints Maria Lopez, and dates it 03/20/2026.
Check your county’s rule on notarization, since some accept a verified signature without a notary and others do not. Sign in blue or black ink if filing on paper.
The common mistake is leaving the date blank or signing the wrong line, which makes the verification invalid and bounces the filing. The misconception is that a signature is a formality; it is a sworn oath, and signing a false application is a serious matter under Idaho law.
Three Filled-Out Examples Using Real Scenarios
Below are three common Idaho situations showing what each filer enters in the major sections.
Scenario 1: Maria Lopez, surviving spouse with a will and a house. Maria’s husband died with a valid will naming her as personal representative; the estate includes their Boise home and bank accounts.
| Form Section | What Maria Enters |
|---|---|
| Caption | Fourth Judicial District, County of Ada |
| Title of Case | In the Matter of the Estate of JUAN LOPEZ, Deceased |
| Box 1 Applicant | Maria Lopez, surviving spouse and named personal representative |
| Box 2 Date of Death | 03/14/2026, Ada County |
| Box 3 Will | Testate; will dated 06/02/2019; original filed |
| Box 4 Heirs/Devisees | Maria Lopez and two adult children, with addresses |
| Box 5 Priority | Nominated in will; surviving spouse |
| Box 6 Value | $420,000, includes real property |
| Box 7 Bond | Waived by will |
| Signature | Maria Lopez, 03/20/2026, verified |
Scenario 2: Carlos Mendez, adult child, parent died without a will. Carlos’s mother died intestate, leaving a house and a car; Carlos is her only child.
| Form Section | What Carlos Enters |
|---|---|
| Caption | First Judicial District, County of Kootenai |
| Title of Case | In the Matter of the Estate of ELENA MENDEZ, Deceased |
| Box 1 Applicant | Carlos Mendez, son |
| Box 2 Date of Death | 02/01/2026, Kootenai County |
| Box 3 Statement | Intestate; no will found after diligent search |
| Box 4 Heirs | Carlos Mendez, sole heir, with address |
| Box 5 Priority | Surviving adult child; no surviving spouse |
| Box 6 Value | $240,000, includes real property |
| Box 7 Bond | Requests heirs’ waiver; sole heir waives |
| Signature | Carlos Mendez, 02/10/2026, verified |
Scenario 3: Janet Pierce, larger estate with multiple heirs. Janet’s father died with a will; the estate is worth over $600,000 with land and three adult children as devisees.
| Form Section | What Janet Enters |
|---|---|
| Caption | Seventh Judicial District, County of Bonneville |
| Title of Case | In the Matter of the Estate of HAROLD PIERCE, Deceased |
| Box 1 Applicant | Janet Pierce, daughter and named personal representative |
| Box 2 Date of Death | 01/05/2026, Bonneville County |
| Box 3 Will | Testate; will dated 11/12/2021; original filed |
| Box 4 Devisees | Janet Pierce and two siblings, with addresses |
| Box 5 Priority | Nominated in will |
| Box 6 Value | $620,000, includes real property |
| Box 7 Bond | Waived by will; siblings also waive in writing |
| Signature | Janet Pierce, 01/15/2026, verified |
How to File the Completed Form
Idaho lets you file three ways. Choose the one that fits your comfort level, but keep proof of filing no matter which you pick.
In person at the magistrate court. Take the signed application, the original will, the certified death certificate, and the fee to the clerk in the decedent’s county. The fee is about $166, payable by cash, check, or card depending on the county. Ask the clerk to stamp your copies as proof, and request the office’s processing time, which is often 5 to 7 business days for informal review.
By mail. Mail the same documents and a check to the magistrate court clerk, with a self-addressed stamped envelope for return copies. Use certified mail with return receipt so you have proof the court received your packet. Confirm the mailing address with the clerk first, since civil and probate filings sometimes use different addresses.
By e-filing through iCourt. Idaho’s iCourt e-filing portal accepts probate filings; it is mandatory for attorneys and optional for self-represented filers. You upload PDFs and pay the $166 fee plus a small processing charge online. Note that the original will must still reach the court physically, so you mail or deliver it even when you e-file. Save the system’s confirmation email as your proof of filing.
For every channel, keep certified copies of your Letters once issued, because banks and title companies each want their own. Order several certified copies up front at about $10 to $20 each to avoid repeat trips.
What Happens After You File
After you file, the court registrar reviews the application without a hearing. If everything is in order and at least 120 hours have passed since the death, the registrar signs a Statement of Informal Probate (when there is a will) and issues Letters Testamentary or Letters of Administration. These Letters are your proof of authority to act for the estate.
You must then mail notice of your appointment to all heirs and devisees within 30 days under Idaho Code 15-3-705. You also publish a Notice to Creditors in a local newspaper once a week for three weeks, which starts the 4-month creditor claim period. Known creditors get direct written notice and the later of that deadline or 60 days from mailing.
During the case you collect assets, pay valid debts in priority order, and file the decedent’s final tax returns. Idaho charges no estate or inheritance tax, so most families deal only with creditors and distributions. The estate must stay open at least 6 months, then you distribute what remains and file a Closing Statement to end the case.
Mistakes to Avoid When Filling Out the Form
Each error below has stalled real Idaho cases. Watch for them before you file.
- Filing in the wrong county. Filing where the land sits instead of where the decedent lived gets the case rejected and costs a second fee.
- Submitting a copy of the will. The registrar needs the original, and a copy usually pushes you into formal probate.
- Mismatched date of death. A date that differs from the certificate triggers a registrar hold.
- Filing before 120 hours pass. The registrar cannot act for five days after death, so early filings sit idle.
- Leaving the interest line vague. Writing only “family” gives no basis for priority and delays appointment.
- Omitting an heir. A missing heir can void distributions and expose you to personal liability.
- Claiming priority you lack. Without renunciations from higher-priority people, the registrar will not appoint you.
- Lowballing the estate value. A too-low figure can look like an attempt to dodge probate.
- Ignoring the bond box. An unresolved bond question stops the registrar from issuing Letters.
- Signing without verification. An unverified or unnotarized signature, where required, invalidates the filing.
- Skipping the sworn statements. Crossing out required statements makes the informal path unavailable.
- Forgetting the original will must be lodged even when e-filing. The court still needs the physical original.
Do’s and Don’ts
Do:
- Do match every name to the death certificate, because asset holders cross-check the legal name before releasing funds.
- Do gather renunciations early, since chasing signatures later adds weeks to your case.
- Do order extra certified copies of Letters, because each bank and title company wants its own.
- Do calendar the 4-month creditor period the day you publish, so you do not close the estate too soon.
- Do keep stamped proof of filing, because you may need to show the court received your packet.
- Do mail appointment notice within 30 days, since the deadline is firm under Idaho Code 15-3-705.
Don’t:
- Don’t file a photocopy of the will, because the registrar needs the signed original.
- Don’t guess the estate value carelessly, since a bad figure can question the right track.
- Don’t pick a courthouse for convenience, because venue is set by the decedent’s domicile.
- Don’t sign before reading the sworn statements, since a false statement can lead to removal.
- Don’t distribute assets before the creditor period ends, because you may pay heirs money creditors are owed.
- Don’t skip notice to a disinherited heir, since all interested persons must be told.
Pros and Cons of Filing on Your Own vs. With Help
Many Idaho families file informal probate themselves, but a lawyer can help with tricky estates. Weigh the trade-offs below.
Pros of filing pro se:
- Lower cost, because you save $3,500 to $5,000 in typical attorney fees.
- Faster start, since you control when the packet goes in.
- Free guidance, through the Idaho Court Assistance Office packets.
- Good fit for simple estates, like a single heir with a clear will.
- Full visibility, because you handle every step and know the status.
Cons of filing pro se:
- Risk of rejection, since one wrong box can bounce the filing.
- Personal liability, because mistakes in notice or distribution fall on you.
- No legal advice, as the clerk and CAO cannot tell you what to do.
- Time burden, since you manage deadlines, publication, and creditors yourself.
- Trouble with disputes, because any contest pushes the case to formal probate where help is wise.
How Informal Probate Compares to Other Idaho Options
| Path | When It Fits |
|---|---|
| Small Estate Affidavit | Personal property of $100,000 or less, no real property, 30 days after death |
| Informal Probate | Uncontested estate with a will or no will, or any real property |
| Formal Probate | Contested will, disputed appointment, or complex issues needing a judge |
| Summary Administration | Surviving spouse is the sole beneficiary of the estate |
FAQs
Do I file in the county where the house is or where my dad lived?
No. You file in the magistrate court of the county where your father was domiciled, meaning his permanent home, even if his land or house sits in another Idaho county.
Can I file with a copy of the will instead of the original?
No. The registrar needs the original signed will to admit it informally; a copy usually forces you into formal probate to prove a lost will.
Do I have to list heirs who inherit nothing in Box 4?
Yes. You must list every interested person, including a disinherited child, so the court sees all heirs and devisees, not just those who receive property.
Should I write the decedent’s nickname or legal name in the title?
No. Write the full legal name from the death certificate; add any alias with “aka” so banks holding accounts under either name will release the funds.
Is a bond always required on the Idaho application?
No. Bond is usually waived when the will waives it or all adult heirs sign a waiver, so many informal cases proceed without any bond.
Can I file the application the day after the death?
No. The registrar cannot act until at least 120 hours, or five days, have passed since the death, so an early filing simply waits.
Do I need a lawyer to file informal probate in Idaho?
No. Self-represented filers commonly handle informal probate using the Court Assistance Office packets, though help is wise for disputes or complex estates.
Is there an Idaho estate or inheritance tax I must report on the form?
No. Idaho charges no estate or inheritance tax, so the value box mainly confirms whether probate or a small estate affidavit is the right path.
Do I write my priority in Box 5 even if I am the only heir?
Yes. State your basis, such as sole surviving child, because the registrar still confirms you have priority before issuing your appointment.
Can I e-file and skip mailing the original will?
No. Even when you e-file through iCourt, the original will must reach the court physically, so you mail or deliver it separately.
Will the court hold a hearing on my informal application?
No. A registrar reviews informal applications without a hearing, which is what makes the process faster than formal probate.
Can I distribute money to heirs as soon as I get my Letters?
No. You should wait until the 4-month creditor period ends and debts are paid, since the estate must stay open at least 6 months before closing.
Do all heirs have to sign the application?
No. Only the applicant signs, but heirs with higher priority must sign a renunciation, and heirs may sign a bond waiver if you want to skip bond.
What if I check intestate and a will turns up later?
Yes, that is a real risk; a later will can convert your case to a testate proceeding, so search the home, safe, and bank box thoroughly first.
Related reading
- How to Fill Out the Utah Application for Informal Probate (Form 1002ES) + FAQs
- How to Fill Out Hawaii Application for Informal Probate (Form 4-2) + FAQs
- How to Fill Out the Idaho Final Account and Petition for Distribution + FAQs
- How to Fill Out the Idaho Small Estate Affidavit (w/ Examples) + FAQs
- How to Fill Out North Dakota Application for Informal Probate + FAQs
- How to Fill Out South Dakota Application for Informal Probate (Form 3-301A & 3-301B) + FAQs
- How to Fill Out Arkansas Petition for Probate of Will (w/Examples) + FAQs