Since 1998, Callahan & Associates in Coeur d'Alene has earned a reputation for quality estate planning and elder law services. 100% dedicated to estate planning and elder law. Practice includes living trusts, wills, probate, charitable planning, Veterans Benefits, and elder guardianships. Serves clients in Northern Idaho and Eastern Washington.
What to Do When Someone Dies in Benewah County, Idaho
How probate works in Benewah County: the Magistrate Court record, what the process costs, and how to file there.
Probate Court Record
Benewah County Magistrate Court
Benewah County · 1st Judicial District
Phone
Hours
Monday-Friday 9:00 AM-5:00 PM
Office
701 West College Avenue, Suite 203, St. Maries, ID 83861
Website
E-filing
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).
Self-represented filing
AllowedSelf-represented individuals may file probate. The First District Court Assistance Office does not help with probate; the Idaho Court Assistance Office publishes probate guidance in the Wills & Probate section of its publications page.
Self-help center
- Benewah County Courthouse, 701 West College Avenue, St. Maries1-208-446-1225 · d1cao@idcourts.govThe First District Court Assistance Office holds walk-in open office hours at the Benewah County Courthouse on the second Friday of the month from 10 a.m. to 2 p.m., and a family law forms workshop by Zoom on Wednesdays from 10 a.m. to noon. The office does not help with probate, wills or estates.
Fax
1-208-245-3046
Departments
- District Court1-208-245-3241
- Jury Services1-208-245-5623
About the court
- The court office is in Suite 203 of the county building at 701 West College Avenue. The 1st Judicial District includes Benewah, Bonner, Boundary, Kootenai, and Shoshone counties.
Verified October 15, 2026 · Source
How Probate Works in Benewah 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 Benewah County, probate runs through the Magistrate Court at 701 West College Avenue, Suite 203, St. Maries. The court sits in the 1st Judicial District. The same 1st Judicial District also serves Bonner, Boundary, Kootenai and Shoshone.
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 Benewah County
What probate costs in Benewah 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 701 West College Avenue, Suite 203, St. Maries. The court is part of the 1st 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 Benewah 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 1st Judicial District.
Beside the filing office, the court lists separate lines for District Court and Jury Services.
The First District Court Assistance Office holds walk-in open office hours at the Benewah County Courthouse on the second Friday of the month from 10 a.m. to 2 p.m., and a family law forms workshop by Zoom on Wednesdays from 10 a.m. to noon. The office does not help with probate, wills or estates.
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 Benewah County Self-Filing Assessment.
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 Benewah County
In Benewah 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
Benewah County · State vital records office
Phone
Website
Certified copies
From Idaho Bureau of Vital Records and Health Statistics; the Local Registrar files the certificate and issues no copies to the public
Idaho Bureau of Vital Records and Health Statistics
P.O. Box 83720
Boise, ID 83720-0036
Certified copy fees
| First certified copy | $16 |
Verified October 15, 2026 · Source
Coroner or Medical Examiner Record
Coroner
Benewah County · Benewah County Coroner's Office
Phone
Hours
Monday-Friday 9:00 AM-5:00 PM
Office
138 South 8th Street, St Maries, ID 83861
Website
Verified November 3, 2026 · Source
Transferring Property in Benewah 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 Benewah County are recorded with the County Recorder at 701 West College Avenue, Suite 101, St. Maries, ID 83861. Phone: 1-208-245-3212. Hours: Monday-Friday 9:00 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
Benewah County
Phone
Hours
Monday-Friday 9:00 AM-5:00 PM
Office
701 West College Avenue, Suite 101, St. Maries, ID 83861
Website
Fees
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 October 16, 2026 · Source
Forms that put a death on the title
- Free forms: Affidavit of Death Form · Affidavit of Heirship Form
Probate Attorneys Serving Benewah County
Idaho allows informal probate, so many families settle straightforward estates in Benewah 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 Benewah 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.
Boutique law firm focusing exclusively on estate planning, probates, guardianships and conservatorships throughout North Idaho.
A husband-and-wife legal team based in Sandpoint. Andra Hickey focuses on estate planning, probate, and family law, while Josh Hickey handles litigation. Started in June 2023 to fill a gap in Bonner County for estate planning and probate services.
Coeur d'Alene firm serving Kootenai, Bonner, Boundary, Benewah, and Shoshone counties across the North Idaho panhandle. Handles wills, trusts, elder law, Medicaid planning, probate, and guardianships and conservatorships, with flat-fee pricing for most estate planning work and free initial consultations.
Coeur d'Alene firm serving Kootenai County, with a practice limited to estate planning, trusts, wills, probate, and estate tax planning. Founding attorney Travor Moses holds an advanced (master-of-laws) degree in estate planning, a focus reflected in the firm's tax-driven trust work.
A general civil practice firm serving the Clearwater region counties. Experienced in probate, trust administration, estate planning, and will contests/trust disputes.
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.
Legal Sources
(9)·
- Idaho Code § 15-3-301
- Idaho Code § 15-3-719 (reasonable compensation; no statutory percentage)
- Idaho Code §§ 15-3-103 (appointment & letters required), 15-3-301 to 15-3-311 (informal), 15-3-401 to 15-3-414 (formal)
- Idaho Code §§ 15-3-801, 15-3-803, 15-3-804, 15-3-805, 15-3-806
- IRCP Appendix A, Category A (eff. 7/12/2024); Idaho Code § 31-3201A(1)
- 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.
- Benewah County Magistrate Court, official page
- Benewah County Recorder, official page
- Benewah County vital records and death investigation offices, official page
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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