What to Do When Someone Dies in Bannock County, Idaho

Probate in Bannock County runs through the Magistrate Court: prove the will, settle the debts, and pass the house to the heirs. Here is how the local process works—and what each step actually costs.

When someone dies in Bannock County, settling their estate runs through the Magistrate Court. This page covers the court record, whether probate is required, what it costs, how to file, transferring property, and the local attorneys who handle probate here.

Probate Court Record

Magistrate Court

Bannock County · 6th Judicial District

Address

624 East Center StreetPocatello, ID 83201

Hours

Monday - Friday, 8:00 AM - 5:00 PM
Visit court website →
Paper filing availableE-filing optionalWalk-ins acceptedSelf-filing allowed

Departments

  • Main Court208-236-7342
  • District Court208-236-7350
  • Magistrate Division208-236-7351
  • Traffic208-236-7273

The 6th Judicial District includes Bannock, Bear Lake, Caribou, Franklin, Oneida, and Power counties.

Verified July 3, 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. The 4 monthsIdaho Code § 15-3-801Verified Sep 8, 2026View source creditor claim window is the largest fixed piece of that timeline — a mandatory wait regardless of how simple the estate is.

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.

Probate matters are handled through Main Court, District Court, Magistrate Division, and Traffic. Filing and payment go through these offices, not the main clerk window.

Bannock County runs a probate self-help center (Monday - Friday, 8:00 AM - 5:00 PM), which is the single biggest cost-saver for families who can self-file. Staff can walk you through the paperwork and explain procedures, though they cannot give legal advice on your specific case. Call 208-236-7067.

Idaho charges $166IRCP Appendix A, Category A (eff. 7/12/2024); Idaho Code § 31-3201A(1) — api.isc.idaho.gov/uploads/Rules_PDFs/1775633983169-Appendix-A-Civil-Case-Filing-Fees-071224.pdf (Verified 2026-09-08)Verified Sep 8, 2026View source to open probate, the same in every county. Additional filings during administration — inventory, accounting, the final petition — add to the total.

The Magistrate Court accepts e-filing (https://isc.idaho.gov/irefs). Paper filing remains available for self-represented filers.

Estimate the costs for this estate:

Attorney fees in Idaho are negotiated, typically 1.8%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)Verified Sep 8, 2026View source to 2.8%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)Verified Sep 8, 2026View source of estate value. Flat-fee arrangements are common for straightforward estates.

Executor compensation is based on reasonable pay for time and effort — the states that do set a schedule pay 2.2%Estimated from the 16 state statutes that set an executor fee schedule (median and interquartile range at this estate value)Verified Sep 8, 2026View source to 3.8%Estimated from the 16 state statutes that set an executor fee schedule (median and interquartile range at this estate value)Verified Sep 8, 2026View source of estate value. Family members who are also beneficiaries often waive the fee — executor pay is taxable income while inheritances are not.

Idaho requires publishing creditor notice in a local newspaper, typically $200–$500. Professional appraisals for real estate or business interests add $300–$600 per asset.

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.

Filings here are routed through Main Court, District Court, Magistrate Division, and Traffic. Confirm with the office which intake handles the petition type you're filing.

How to File Your Documents

Paper Filing Available

You can file your probate documents in person at the court or by mail.

E-Filing Also Available

If you prefer, you can file electronically through the state's online system. This is optional for families filing without an attorney.

View E-Filing Information

Paper Filing Required For

  • •Original wills (must also be filed conventionally within 7 business days)

Can You File Without an Attorney?

Not every estate requires an attorney. Estate size, asset types, and whether beneficiaries agree determine if self-filing at the Magistrate Court is realistic. Bannock County has a self-help center that assists people filing without an attorney.

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

Before You Go

Walk-ins accepted

You can file in person without an appointment. Self-represented parties may file at the courthouse or e-file. Court Assistance Office form-review appointments are limited and scheduled Wednesdays; filing itself does not require an appointment.

What to Bring

To file at the Magistrate Court you need: the original will (or proof there isn't one), a certified death certificate, contact information for all heirs and beneficiaries, and a summary of what the estate owns and owes.

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: 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

Address

624 East Center Street, Room 211Pocatello, ID 83201

Fax

208-236-7345

Hours

Monday - Friday 8:00 AM - 5:00 PM
Visit recorder website →

Recording fees

Base fee (first 30 pages)$15
Each page beyond 30$3

Idaho Code 31-3205 (recorder's fees). Deeds, grants and transfers of title to real property of 30 pages or fewer: $15.00 flat. All other instruments: $10.00 first page + $3.00 each additional page.

Verified September 4, 2026 · Source

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 — typically 1.8%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)Verified Sep 8, 2026View source to 2.8%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)Verified Sep 8, 2026View source of the estate's value, 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 AdministrationProbate AdministrationWills 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 PlanningProbate AdministrationWills 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 PlanningProbate AdministrationWills 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 AdministrationElder LawConservatorshipand 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 AdministrationTax PlanningConservatorshipand 3 more

Office
955 Pier View DriveIdaho Falls, ID 83402
See all 10 firms serving Bannock County→

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

Data sourced from Idaho statutes and official state code. How we research.