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.
What to Do When Someone Dies in Cassia County, Idaho
How probate works in Cassia County: the Magistrate Court record, what the process costs, and how to file there.
Probate Court Record
Cassia County Magistrate Court
Cassia County · 5th Judicial District
Phone
Hours
Monday-Friday 8:30 AM-5:00 PM
Office
1559 Overland Avenue, Burley, ID 83318
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 filers may file a probate case without an attorney, on paper or through iCourt File and Serve. The Idaho Court Assistance Office publications page carries Wills & Probate guidance, including Most Frequently Asked Questions About Probate in Idaho; its forms library has no probate forms.
Self-help center
- Cassia County Judicial Center, 1559 Overland Avenue, Burley1-208-878-7351 ext. 7104 · cao@cassiacounty.orgCourt Assistance provides civil self-help resources for divorce, domestic violence, small claims, landlord and tenant issues and protection orders, and gives no legal advice. Purchased court assistance packets cannot be returned or refunded. The Fifth District's districtwide Court Assistance Officer answers at 1-208-736-4136.
Fax
1-208-878-1010
Departments
- Main1-208-878-7351
- District1-208-878-7152
- Magistrate1-208-878-7351
- Clerk of the District Court1-208-878-4460 ext. 1101 · Cassia County Courthouse, 1459 Overland Avenue, Room 101
About the court
- Located at the Cassia County Judicial Center. The 5th Judicial District includes Blaine, Camas, Cassia, Gooding, Jerome, Lincoln, Minidoka, and Twin Falls counties.
Verified October 15, 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. 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 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.
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 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.
Beside the filing office, the court lists separate lines for Main, District, Magistrate, and Clerk of the District Court.
Court Assistance provides civil self-help resources for divorce, domestic violence, small claims, landlord and tenant issues and protection orders, and gives no legal advice. Purchased court assistance packets cannot be returned or refunded. The Fifth District's districtwide Court Assistance Officer answers at 1-208-736-4136.
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 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 states all court filings are made electronically
Cassia County's magistrate court page states that all court filings must be done electronically, with e-filing questions to court@cassia.idcourts.gov. Statewide rules still let a self-represented individual file on paper.
SourceWhat 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 Cassia County
In Cassia 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
Cassia 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
Cassia County · Cassia County Coroner's Office
Verified November 3, 2026 · Source
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: 1-208-878-5240. Hours: Monday-Friday 8:30 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
Cassia County
Phone
Hours
Monday-Friday 8:30 AM-5:00 PM
Office
1459 Overland Avenue, Room 105, Burley, ID 83318
Website
Fax
1-208-878-8825
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 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, 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.
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.
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.
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.
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.
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.
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.
- Cassia County Magistrate Court, official page
- Cassia County Recorder, official page
- Cassia 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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