What to Do When Someone Dies in Cassia County, Idaho

Probate in Cassia 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 Cassia 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

Cassia County · 5th Judicial District

Address

1559 Overland AvenueBurley, ID 83318

Fax

208-878-1010

Hours

Monday - Friday, 8:30 AM - 5:00 PM
Visit court website →
Paper filing availableE-filing optionalSelf-filing allowed

Departments

  • Main208-878-7351
  • District208-878-7152
  • Magistrate208-878-7351

Located at the Cassia County Judicial Center. The 5th Judicial District includes Blaine, Camas, Cassia, Gooding, Jerome, Lincoln, Minidoka, and Twin Falls counties.

Verified July 3, 2026 · Source

How Probate Works in Cassia 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 Cassia County, probate runs through the Magistrate Court at 1559 Overland Avenue, Burley. The court sits in the 5th Judicial District.

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 Cassia County

What probate costs in Cassia 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 1559 Overland Avenue, Burley. The court is part of the 5th Judicial District.

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

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 Cassia 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 5th Judicial District.

Filings here are routed through Main, District, and Magistrate. 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.

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

Cassia County Filing Requirements

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

Before You File

County advises all court filings be made electronically

Cassia County states that all court filings should be done electronically; questions can be directed to court@cassia.idcourts.gov. Under IREFS, e-filing remains optional for self-represented individuals, but the county directs filers to the electronic system.

Source

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 Cassia 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 Cassia County are recorded with the County Recorder at 1459 Overland Avenue, Room 105, Burley, ID 83318. Phone: 208-878-5240. Hours: Monday - Friday 8:30 AM - 5:00 PM; recording hours 8:30 AM - 4:30 PM.

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

Recording Office Record

County Recorder

Cassia County

Address

1459 Overland Avenue, Room 105Burley, ID 83318

Fax

208-878-8825

Hours

Monday - Friday 8:30 AM - 5:00 PM; recording hours 8:30 AM - 4:30 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 Cassia County

Idaho allows informal probate, so many families settle straightforward estates in Cassia 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 Cassia 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.

FirmRupert, ID

Dockter & Hardwicke Law Office

Since 2017 · Serves 3 counties

Rupert-based law firm serving Minidoka, Cassia, and Twin Falls counties. Both attorneys are trained and certified mediators by the Idaho Supreme Court with over 30 years of combined experience. Se habla espanol.

PracticesEstate PlanningWills Trusts

Office
529 F StreetRupert, ID 83350
Free consultation

FirmBurley, ID

Parsons, Loveland, Shirley & Miller, LLP

Since 1962 · Serves 2 counties

Recognized as the premier law firm in Cassia and Minidoka counties, established in 1962. Extensive experience in wills, trusts, estate planning and administration. Bill Parsons has practiced in Burley since 1958 with a focus on estate planning.

PracticesEstate PlanningProbate AdministrationWills Trusts

Office
137 West 13th StreetBurley, ID 83318

FirmTwin Falls, ID

Twin Falls Estate Planning, PLLC

Since 2019 · Serves 5 counties

Twin Falls firm serving the Magic Valley — Twin Falls, Bannock, Blaine, and Cassia counties, plus Ketchum, Hailey, Burley, and Hagerman. Handles estate planning, wills, probate, special needs and elder-law planning, and guardianships, with a focus on parents of minor children and flat-fee billing.

PracticesEstate PlanningElder LawConservatorshipGuardianshipand 4 more

Office
1505 Madrona St. N., Building 1000, Suite 100Twin Falls, ID 83301

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

Solo PracticeBoise, ID

Allaire Law PLLC

Serves 2 counties

Boise and Ketchum practice of Cheryl Allaire, formerly a co-managing member of Mathieu, Ranum & Allaire. Prepares wills and powers of attorney for individuals and families with non-taxable estates and handles uncontested probate administration. Also advises on business, securities, and real estate matters.

PracticesEstate PlanningProbate Administration

Office
950 W Bannock St, Suite 1100Boise, ID 83702

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
See all 10 firms serving Cassia 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.