How Does Probate Work in Custer County, Idaho?
Losing someone you love is hard enough without the confusion of legal paperwork. Probate in Custer County depends on estate size—estates under $100,000 may qualify for a simplified procedure. The Magistrate Court has a self-help center for families filing without an attorney.
The Probate Process in Custer 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 Custer County, probate runs through the Magistrate Court at 269 South 9th Street, Challis. The court sits in the 7th 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 monthsIdaho Code § 15-3-1201Verified Jun 11, 2026 to 12 monthsIdaho Code § 15-3-1201Verified Jun 11, 2026 to move through this process. The 4 monthsIdaho Code § 15-3-801Verified Jun 11, 2026 creditor claim window is the largest fixed piece of that timeline — a mandatory wait regardless of how simple the estate is.
Filing at the Magistrate Court
Probate cases in Custer County are filed with the Magistrate Court, located at 269 South 9th Street, Challis, ID 83226. The clerk's office is open Monday - Friday, 8:00 AM - 5:00 PM. Reach the clerk at 208-879-2359.
The Magistrate Court schedules probate hearings Magistrate Court (which handles probate) sits Mondays and Tuesdays; District Court the 2nd Tuesday of each month; Small Claims on Wednesday of the 2nd full week of the month. The clerk's office is open Monday - Friday, 8:00 AM - 5:00 PM.
The court offers a self-help center. Staff can review paperwork for completeness and explain procedures, though they cannot provide legal advice. Call 208-589-9872 for details.
E-filing is available but optional in Custer County. Many families filing without an attorney prefer paper filing at the clerk's office.
The Custer County Courts (Seventh Judicial District), which handle probate, are located at 269 South 9th Street in Challis, not at the historic county courthouse on East Main Avenue where the County Clerk is based. Court mailing address is PO Box 1128, Challis, ID 83226; general court inquiries can be emailed to custercourtclerks@custer.idcourts.gov.
First Steps After a Death in Custer County
Handling an estate in Custer County, Idaho means working through both immediate tasks (securing property, ordering death certificates, stopping benefits) and the formal probate process at the Magistrate Court at 269 South 9th Street, Challis. The court is part of the 7th Judicial District.
Custer County runs a probate self-help center where staff can review your paperwork and explain procedures, though they can't give legal advice on a specific case. Call 208-589-9872.
Custer County has local procedures worth knowing before you start: Court division is at a separate location from the historic courthouse.
Do I Need Probate?
Whether probate is necessary in Custer County depends on how the deceased's assets were titled and what estate planning was in place. The local court is the Magistrate Court at 269 South 9th Street, Challis. The court sits in the 7th Judicial District.
Custer County has local procedures that affect when and how to file: Court division is at a separate location from the historic courthouse.
Assets in a funded revocable living trust pass directly to beneficiaries without probate. Life insurance, retirement accounts with named beneficiaries, and jointly-held property with survivorship rights also transfer automatically. Only assets titled solely in the deceased's name — or caught by a pour-over will for unfunded trust assets — go through the Magistrate Court.
Estates valued under $100,000Idaho Code § 15-3-1201Verified Jun 11, 2026 may qualify for a simplified Small Estate AffidavitIdaho Code § 15-3-1201Verified Jun 11, 2026 in Idaho after waiting 30 daysIdaho Code § 15-3-1201Verified Jun 11, 2026. Above that threshold, full probate through the Magistrate Court is typically required.
See what portion of this estate may require probate:
Opening probate at the Magistrate Court requires the original will (or proof there isn't one), a certified death certificate, and documentation of assets — deeds, account statements, vehicle titles. Asset titling is what separates probate property from everything that passes automatically.
Idaho allows independent administration, which gives the executor authority to manage estate assets, pay debts, and distribute property without returning to the court for approval on each step.
The Magistrate Court offers informal probate for uncontested estates — less court involvement and a faster process when all beneficiaries agree.
Who Inherits Without a Will?
Idaho is a community property state, which means the surviving spouse already owns half of all marital assets outright. The Magistrate Court only handles the deceased's half—the other half was never theirs to leave.
See how this estate would be distributed:
Surviving spouses in Idaho can elect to take 50%Idaho Code §§ 15-2-203, 15-2-205, 15-2-208Verified May 31, 2026 of the estate regardless of the will. This election must be filed at the Magistrate Court within 270 daysIdaho Code §§ 15-2-203, 15-2-205, 15-2-208Verified May 31, 2026 of receiving probate notice.
Creditors must be notified through newspaper publication in Custer County for 3Idaho Code §§ 15-3-801, 15-3-803, 15-3-804, 15-3-805, 15-3-806Verified May 31, 2026 consecutive weeks, and known creditors receive direct written notice. The claim deadline is 4 monthsIdaho Code §§ 15-3-801, 15-3-803, 15-3-804, 15-3-805, 15-3-806Verified May 31, 2026 from first publication.
Idaho has adopted digital asset access laws, allowing executors to manage the deceased's email, social media, and online accounts as part of estate administration.
Legal Sources
- Idaho Code § 15-3-1201
- Idaho Code § 15-3-801
- Idaho Code §§ 15-2-203, 15-2-205, 15-2-208
- Idaho Code §§ 15-3-801, 15-3-803, 15-3-804, 15-3-805, 15-3-806
Data sourced from Idaho statutes and official state code. How we research.
Frequently Asked Questions
The Magistrate Court for Custer County is located in Challis, Idaho. Full address, phone, hours, and e-filing details are listed on this page.
A simple probate in Idaho typically closes in 4–6 months. Average estates run 6–12 months. Complex estates with disputes or tax issues can take 12–24 months. Timing in Custer County tracks the state range unless the docket is unusually backed up.
No. Idaho allows estates under $100,000 to use a Small Estate Affidavit and skip formal probate. The waiting period is 30 days after death. Use the Idaho probate decision tool to see if the estate qualifies.
When there is no will, Idaho's intestate succession rules decide who inherits. Spouses, children, and parents are prioritized in that order. The Custer County probate court applies the state rules without variation. See who inherits in Idaho for the exact order.
A revocable living trust is the cleanest way for most families to skip probate entirely. Assets titled to the trust pass to beneficiaries without court involvement, filing fees, or the Custer County probate docket. Create a revocable trust online to avoid putting your family through this process later.
Magistrate Court
Custer County
269 South 9th Street
Challis, ID 83226
Phone:
208-879-2359Fax:
208-879-6412
Hours:
Monday - Friday, 8:00 AM - 5:00 PM
Paper Filing Available
E-Filing Optional
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