What to Do When Someone Dies in Bannock County, Idaho

How probate works in Bannock County: the Magistrate Court record, what the process costs, and how to file there.

Probate Court Record

Bannock County Magistrate Court

Bannock County · 6th Judicial District

Hours

Monday-Friday 8:00 AM-5:00 PM

Office

624 East Center Street, Pocatello, ID 83201

E-filing

Filing in person

Walk-ins accepted

Self-represented filing

Allowed

Self-help forms

E-filing

OptionalAttorneys must e-file through iCourt File and Serve (I.R.E.F.S. Rule 4(a)). Self-represented individuals may e-file or file on paper; one who chooses to e-file continues to e-file for the life of the case unless the court grants a motion to withdraw (Rule 4(b)). An original will is filed both electronically and on paper, the paper filing within seven business days of the electronic one (Rule 5(a)). On paper: Original wills (must also be filed conventionally within 7 business days).

Filing in person

Walk-ins acceptedSelf-represented parties may file at the courthouse or e-file. Court Assistance Office form reviews are a separate step from filing.

Self-represented filing

AllowedSelf-represented parties may file at the courthouse or e-file from home; the Court Assistance Office emails e-filers instructions on how each filing is coded. The Sixth District form packets cover family, consumer and housing cases, and the Idaho Court Assistance Office publishes probate guidance in the Wills & Probate section of its publications page.

Self-help center

  • 624 East Center Street, Room 106, Pocatello1-208-236-7067 · d6cao@bannock.idcourts.gov · Monday-Friday 8:00 AM-5:00 PMThe Bannock County office is the lead Court Assistance Office for the Sixth District. It gives out forms by download, by email or as paid printed copies at the courthouse, and reviews completed forms sent back by scan and email; it also takes text messages at 208-538-4816 and faxes at 208-236-7431. In-person form-review appointments are scheduled on Wednesdays.

Verified October 15, 2026 · Source

How Probate Works in Bannock County

Probate is the court-supervised process of settling someone's estate after they die — validating the will, paying debts and taxes, and transferring what's left to the heirs. In Bannock County, probate runs through the Magistrate Court at 624 East Center Street, Pocatello. The court sits in the 6th Judicial District. The same 6th Judicial District also serves Bear Lake, Caribou, Franklin, Oneida and Power.

The personal representative opens the case, gives notice to heirs and creditors, files an inventory of the estate's assets, settles outstanding debts and taxes, and then distributes the remainder under the will — or under Idaho intestacy law when there is no will.

Most Idaho estates take 6 months to 12 months to move through this process. Creditors have 4 monthsIdaho Code §§ 15-3-801, 15-3-803, 15-3-804, 15-3-805, 15-3-806Verified Oct 18, 2026View source to present a claim, counted from the first publication of the notice to creditors.

What Probate Costs in Bannock County

What probate costs in Bannock County, Idaho comes down to a handful of line items — the court filing fee, attorney and executor compensation, publication, and sometimes a bond — scaled by the estate's size and whether the will is contested. The case itself runs through the Magistrate Court at 624 East Center Street, Pocatello. The court is part of the 6th Judicial District.

Idaho charges $166IRCP Appendix A, Category A (eff. 7/12/2024); Idaho Code § 31-3201A(1)Verified Oct 17, 2026View source to open probate, the same in every county. Additional filings during administration — inventory, accounting, the final petition — add to the total.

Estimate the costs for this estate:

Attorney fees in Idaho are negotiated, typically 1.8%Modeled estimate under Idaho Code § 15-3-721 (court reviews reasonableness of attorney compensation; no statutory percentage) — see also § 15-3-720 (reasonable attorney fees in estate litigation): the hours the statutory fee schedules imply, at the state's surveyed hourly rateVerified Sep 8, 2026View source to 2.8%Modeled estimate under Idaho Code § 15-3-721 (court reviews reasonableness of attorney compensation; no statutory percentage) — see also § 15-3-720 (reasonable attorney fees in estate litigation): the hours the statutory fee schedules imply, at the state's surveyed hourly rateVerified Sep 8, 2026View source of estate value. Flat-fee arrangements are common for straightforward estates.

Idaho allows executors 'reasonable compensation' — around 2.2%–3.8% of a $500,000 estate, judging by what the states with statutory schedules payIdaho Code § 15-3-719 (reasonable compensation; no statutory percentage)Verified Sep 8, 2026View source. Family members who are also beneficiaries often waive the fee — executor pay is taxable income while inheritances are not.

Idaho requires publishing notice to creditors in a local newspaper, and the estate pays for it.

Probate in Idaho typically runs 6 months to 12 months, and costs accrue throughout that period.

How to File Probate at the Magistrate Court

Probate documents in Bannock County can be filed in person at the Magistrate Court, by mail, or electronically. Most families handling probate themselves prefer paper filing, though e-filing is available. The court sits in the 6th Judicial District.

Beside the filing office, the court lists separate lines for Main Court, District Court, Magistrate Division, and Sixth District Court Administration.

The Bannock County office is the lead Court Assistance Office for the Sixth District. It gives out forms by download, by email or as paid printed copies at the courthouse, and reviews completed forms sent back by scan and email; it also takes text messages at 208-538-4816 and faxes at 208-236-7431. In-person form-review appointments are scheduled on Wednesdays.

Can You File Without an Attorney?

Idaho has no statewide fill-in probate petition, so the opening petition is drafted as a legal pleading, and informal probate is availableIdaho Code § 15-3-301Verified Sep 8, 2026View source.

For a full cost comparison and filing checklist, see the Bannock County Self-Filing Assessment.

Bannock County Filing Requirements

These are specific requirements for filing probate in this county. Following these guidelines will help avoid delays or rejected filings.

Court Appearances

Designated judges hear estate and probate matters

The Sixth Judicial District local rules assign Bannock County estate and probate matters to designated magistrate judges.

Source

Records Access

Records requests go to the county of filing

Court records are held by the county where the case was filed, so a request for a Bannock County probate file goes to the Bannock County office on the Sixth District judicial records request form.

Source

What to Bring

Filed with the opening petition at the Magistrate Court: Certified copy of the death certificate (proof of death — I.C. § 15-1-107(a)); Original will and any codicils (filed both electronically and conventionally per I.R.E.F.S. 5); Verified application (informal) or petition (formal) reciting the statutory contents (I.C. §§ 15-3-301, 15-3-402); Acceptance/qualification of the personal representative and statement of informal appointment, or the court order (I.C. § 15-3-103); Renunciations/nominations by persons with higher priority for appointment, if any (I.C. § 15-3-203)Idaho Code §§ 15-3-103 (appointment & letters required), 15-3-301 to 15-3-311 (informal), 15-3-401 to 15-3-414 (formal)Verified Aug 24, 2026View source.

Death Certificates and the Coroner in Bannock County

In Bannock County certified copies of the death certificate come from Idaho Bureau of Vital Records and Health Statistics; the Local Registrar files the certificate and issues no copies to the public.

Vital Records Office Record

Idaho Bureau of Vital Records and Health Statistics

Bannock County · State vital records office

Certified copies

From Idaho Bureau of Vital Records and Health Statistics; the Local Registrar files the certificate and issues no copies to the public

Mail

Idaho Bureau of Vital Records and Health Statistics P.O. Box 83720 Boise, ID 83720-0036

Verified October 15, 2026 · Source

Coroner or Medical Examiner Record

Coroner

Bannock County · Bannock County Coroner's Office

Office

5500 South 5th Avenue, Pocatello, ID 83204

Verified November 3, 2026 · Source

Transferring Property in Bannock County

Clearing title to real estate after a death, whether by a personal representative’s deed, an affidavit of survivorship, or a court order, happens at the County Recorder.

Deeds and other real property documents for Bannock County are recorded with the County Recorder at 624 East Center Street, Room 211, Pocatello, ID 83201. Phone: 1-208-236-7340. Hours: Monday-Friday 8:00 AM-5:00 PM.

The County Recorder charges $15 for the first 30 pages plus $3 for each page beyond 30.

Recording Office Record

County Recorder

Bannock County

Hours

Monday-Friday 8:00 AM-5:00 PM

Office

624 East Center Street, Room 211, Pocatello, ID 83201

Fax

1-208-236-7345

Verified October 16, 2026 · Source

Forms that put a death on the title

Probate Attorneys Serving Bannock County

Idaho allows informal probate, so many families settle straightforward estates in Bannock County without hiring an attorney. A probate attorney earns the fee when the estate is contested, includes a business or out-of-state real estate, has unclear or insolvent debts, or when beneficiaries disagree.

Probate attorney fees in Idaho are based on reasonable compensation, billed hourly or as a flat fee. Ask a Bannock County firm to quote a structure up front.

A probate attorney files the petition with the Magistrate Court, publishes the required creditor notices, prepares the inventory and accounting, handles creditor claims and tax filings, and guides the final distribution. They represent the personal representative — not the beneficiaries — a distinction that matters if a dispute develops.

FirmPocatello, ID

Echo Hawk & Olsen, PLLC

Serves 2 counties

Full-service Pocatello firm with 7 attorneys handling estate planning, probate, trust administration, tribal law, business law, and litigation. Serves Bannock and Bingham counties in Southeast Idaho.

PracticesEstate PlanningTrust AdministrationProbateWills Trusts

Office
505 Pershing Ave, Suite 100Pocatello, ID 83201

FirmPreston, ID

Fuller & Fuller, PLLC

Serves 5 counties

Preston-based firm with attorneys licensed in Idaho and Utah, serving Preston, Cache Valley, and communities throughout Southeast Idaho. Practice covers wills, trusts, estate planning and administration, business law, and real estate. Decades of combined experience.

PracticesEstate PlanningProbateWills Trusts

Office
24 N State StreetPreston, ID 83263

FirmPocatello, ID

May, Rammell & Wells

Since 1975 · Serves 4 counties

A well-established Pocatello firm with roots dating back to 1975. Has helped many individuals, couples, and families throughout Southeastern Idaho create thorough estate plans. Handles wills, trusts, and estate administration. Attorneys in Pocatello and Burley with 70+ years of collective experience.

PracticesEstate PlanningProbateWills Trusts

Office
216 West Whitman StreetPocatello, ID 83204

FirmPocatello, ID

Snake River Law PLLC

Since 2009 · Serves 3 counties

Pocatello firm serving Bannock, Bingham, and Bonneville counties across Southeast and Eastern Idaho since 2009. Focuses on estate planning and small business law, with added depth in elder law, special needs planning, and guardianship of minor children.

PracticesEstate PlanningTrust AdministrationProbateElder Lawand 4 more

Office
1156 East Center StreetPocatello, ID 83201

FirmMeridian, ID

Avery Law

Serves 4 counties

Multi-office Idaho firm serving Southern Idaho with estate planning, asset protection, wills, trusts, living trusts, powers of attorney, and advanced healthcare directives. John O. Avery is admitted to the Bar of the United States Supreme Court.

PracticesEstate PlanningTrust AdministrationWills Trusts

Office
3090 E Gentry Way, Suite 250Meridian, ID 83642

FirmIdaho Falls, ID

Beard St. Clair Gaffney PA

Since 1963 · Serves 5 counties

Idaho Falls firm operating across Eastern Idaho since 1963, with offices in Rexburg, Pocatello, and Victor. Its estate planning team handles wills, trusts, probate, trust administration, guardianship matters, and estate tax planning for Bonneville, Madison, Jefferson, Bannock, and Teton county families.

PracticesEstate PlanningTrust AdministrationProbateTax Planningand 3 more

Office
955 Pier View DriveIdaho Falls, ID 83402
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Firm listings are for informational purposes only. SimplyTrust does not endorse or recommend any specific firm or attorney. Contact firms directly to verify their current practice areas and availability.

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Legal Sources

Show 4 more sources

Data sourced from Idaho statutes and official state code. Fee percentages are modeled estimates; each figure's note says how. How we research.

Tools for Settling an Estate in Idaho

Free tools for settling an estate in Idaho: whether probate is needed, executor and trustee pay, creditor deadlines and taxes. Run each tool for Idaho.

How Do I Settle an Estate?

Settling an estate in Idaho: the personal representative files the estate inventory within 90 daysIdaho Code §§ 15-3-706, 15-3-707, 15-3-708Verified Sep 15, 2026View source of appointment; creditors have 4 monthsIdaho Code §§ 15-3-801, 15-3-803, 15-3-804, 15-3-805, 15-3-806Verified Oct 18, 2026View source to present claims; a simple estate closes in 4 months to 6 months.

See the Steps

How Do I Settle a Trust?

Settling a trust in Idaho happens outside court: the trustee acts under the state's trust statuteIdaho Code §§ 15-7-101 to 15-7-701 (UPC Trust Administration); Idaho Code §§ 68-104 to 68-113 (Uniform Trustees' Powers Act); Idaho Code § 32-906A (community property in revocable trusts)Verified Oct 17, 2026View source, notifies the beneficiaries within 30 daysIdaho Code §§ 15-7-303, 15-7-307Verified Sep 15, 2026View source, then pays the debts and distributes under the trust's terms.

See the Steps

Can I Self-File Probate?

Idaho has no statewide fill-in probate petition, so the opening petition is drafted as a legal pleading, and informal probate is availableIdaho Code § 15-3-301Verified Sep 8, 2026View source.

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