What to Do When Someone Dies in Custer County, Idaho

When someone dies in Custer County, Idaho, an estate that needs probate is opened with the Magistrate Court in Challis, for a $166 filing fee.

The First Days After a Death in Custer County

A certified copy of the death certificate from the Idaho Bureau of Vital Records and Health StatisticsIdaho Bureau of Vital Records and Health StatisticsVerified Oct 15, 2026View source costs $16. The coroner for Custer County is the Custer County Coroner.

Who controls the funeral and the burial or cremation follows an order set by law: guardian or conservator at time of death, then surviving spouse, then majority of surviving adult childrenIC 54-1142Verified Oct 17, 2026View source. An agent the person named in advance comes before that orderIC 54-1139Verified Oct 17, 2026View source. Cremation carries no statutory minimum waiting periodIC 39-268(2)-(3)Verified Oct 17, 2026View source.

Vital Records Office Record

Idaho Bureau of Vital Records and Health Statistics

Custer County · State vital records office

Certified copies

From Idaho Bureau of Vital Records and Health Statistics; the Local Registrar files the certificate and issues no copies to the public

Mail

Idaho Bureau of Vital Records and Health Statistics P.O. Box 83720 Boise, ID 83720-0036

Verified October 15, 2026 · Source

Coroner or Medical Examiner Record

Coroner

Custer County · Custer County Coroner

Mail and offices

Mail

Custer County Coroner P.O. Box 385 Challis, ID 83226

Verified November 3, 2026 · Source

ToolsWhat Do I Do When Someone Dies? · How Do I Settle an Estate? · How Many Death Certificates Do I Need? · How Much Does a Funeral Cost?

Funeral Homes in Custer County

Custer County has 1 funeral home or crematory, in Challis.

Funeral homes in Custer County →

Probate in Custer County

Probate cases in Custer County are filed with the Magistrate Court in Challis, in the 7th Judicial District. Opening probate costs $166IRCP Appendix A, Category A (eff. 7/12/2024); Idaho Code § 31-3201A(1)Verified Oct 17, 2026View source in Idaho, the same at every court.

Probate in Idaho typically takes 6 months to 12 months. In Idaho, estates valued at $100,000Idaho Code § 15-3-1201Verified Sep 8, 2026View source or less skip probate with the Small Estate Affidavit, 30 days after death. 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.

Probate Court Record

Custer County Magistrate Court

Custer County · 7th Judicial District

Hours

Monday-Friday 8:00 AM-5:00 PM

Office

269 South 9th Street, Challis, ID 83226

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.

Hearing schedule

  • 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

Self-help center

  • 605 N. Capital Avenue, Idaho Falls (Seventh District office)1-208-589-9872 · d7cao@idcourts.gov · Monday-Friday 8:00 AM-noon and 1:00 PM-5:00 PMOne Court Assistance Office serves the Seventh District from Idaho Falls and takes calls, messages and texts on its line. Forms can be downloaded, emailed by the office or bought printed at the courthouse; its packets and workshops cover divorce, custody, support and small claims.

Verified October 15, 2026 · Source

What Probate Costs in Custer County

Probate on a $500,000 estate in Idaho costs an estimated $24,719Idaho 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, counting the court fee, the executor's and the attorney's pay, the bond and publication.

ToolsDo I Need Probate? · How Much Does Probate Cost? · Who Inherits Without a Will? · What Is the Estate's Personal Property Worth for Probate?

Serving as Executor in Custer County

The court's appointment comes as Letters Testamentary (with a will) or Letters of Administration (no will)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. A person can apply for the appointment without a lawyer. Informal probate is availableIdaho Code § 15-3-301Verified Sep 8, 2026View source, with less court supervision than a formal case. No bond is required by default before letters issueIdaho Code §§ 15-3-603 (no bond unless ordered), 15-3-604 to 15-3-606Verified Aug 24, 2026View source. Someone named as executor who will not serve declines by a written renunciation filed with the courtIdaho Code § 15-3-203(c)Verified Sep 23, 2026View source.

Notice to creditors is published in a newspaperIdaho Code §§ 15-3-801, 15-3-803, 15-3-804, 15-3-805, 15-3-806Verified Oct 18, 2026View source for 3 consecutive weeks. The estate inventory is due within 90 daysIdaho Code §§ 15-3-706, 15-3-707, 15-3-708Verified Sep 15, 2026View source of appointment. An executor is paid reasonable compensation from the estateIdaho Code § 15-3-719 (reasonable compensation; no statutory percentage)Verified Sep 8, 2026View source. Probate attorneys are paid reasonable compensation from the estateIdaho 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.

Filing Rules in Custer County

The courts sit apart from the county courthouse. The Custer County Courts (Seventh Judicial District), which hear probate, are at 269 South 9th Street in Challis; the County Clerk is at the county courthouse at 801 E. Main Avenue. Courier deliveries (FedEx, UPS) to the courts go to 269 S. 9th Street #1128, and general court inquiries go to custercourtclerks@custer.idcourts.gov.

ToolsHow Do I Get Letters Testamentary? · Can I Self-File Probate? · How Much Can an Executor Charge? · What Are the Creditor Claim Deadlines?

Homes, Accounts and Debts in Custer County

A deed from the personal representative, an affidavit that records a death, or a court order is recorded with the County Recorder for Custer County. Recording a 2-page document there costs $15 in recording fees. Idaho owners hold with a right of survivorship as joint tenants, where the deed declares a joint interest, or as spouses holding community property with right of survivorship, where the deed expressly declares it. That community property passes to the surviving spouse at the death; a spouse may end the right during the marriage by recording an affidavit terminating right of survivorshipIdaho Code § 55-816; Idaho Code § 31-2402(1)(n); Idaho Code §§ 15-6-401, 55-104, 55-805Verified Oct 26, 2026View source.

The estate's bank account can be at any bank, in any stateIdaho Code § 15-3-715(5) (added 1971, ch. 111; am. 2011, ch. 69)Verified Nov 2, 2026View source. Property the state holds as unclaimed for the person who died is claimed from the Idaho State Treasurer's Office, Unclaimed Property DivisionIdaho Code Title 14, Chapter 5 (Revised Unclaimed Property Act)Verified Aug 24, 2026View source. An estate that cannot pay every debt pays them in an order set by statute, in 6Idaho Code § 15-3-805Verified Sep 23, 2026View source classes. A representative who distributes to heirs while claims are open can be personally liableIdaho Code § 15-3-807(a), (b)(1); § 15-3-1004; § 15-3-1006; § 15-3-909Verified Sep 23, 2026View source.

Recording Office Record

County Recorder

Custer County

Hours

Monday-Friday 8:00 AM-5:00 PM

Office

801 East Main Avenue, Challis, ID 83226

Mail

P.O. Box 385 Challis, ID 83226-0385

Fax

1-208-879-5246

Verified October 16, 2026 · Source

ToolsWhat Happens to Jointly Owned Property When an Owner Dies? · How Do I Open an Estate Account When Someone Dies? · How Do I Claim a Deceased Person's Unclaimed Property? · What Happens When an Estate Is Insolvent?

Taxes and Benefits

There is no estate tax and no inheritance tax in IdahoNo state estate, inheritance, or gift tax. Idaho Code Title 14, ch. 4 (Estate and Transfer Tax Reform Act of 1988) was repealed in full by H.B. 381, 2020 Idaho Sess. Laws ch. 65 (eff. July 1, 2020); the estate tax had applied only to deaths before Jan. 1, 2005. Idaho State Tax Commission: "Idaho has no gift tax or inheritance tax, and its estate tax for deaths expired in 2004."Verified Sep 15, 2026View source. The final state income tax return for the year of death is Form 40Idaho Code § 63-3030 (persons required to file); Idaho Code § 63-3032 (time for filing); Idaho Code § 63-3024 (5.3% tax on individuals, trusts and estates); Idaho Code § 63-3033 (automatic extension)Verified Sep 10, 2026View source. The federal estate tax exempts the first $15,000,00026 USC 2001(c), 2010; P.L. 119-21 §70106Verified Sep 15, 2026View source per person.

Social Security pays a one-time death payment of $25542 U.S.C. § 402(i) (Social Security Act § 202(i)), first sentenceVerified Oct 26, 2026View source to a surviving spouse who lived in the same household, or else to a spouse or child entitled to survivor benefits for the month of death42 U.S.C. § 402(i), first and second sentencesVerified Oct 26, 2026View source. A surviving spouse can take an elective shareIdaho Code §§ 15-2-201, 15-2-202, 15-2-203, 15-2-205, 15-2-207, 15-2-208Verified Sep 15, 2026View source of 50% in place of what the will leaves.

ToolsDo I Have to File Tax Returns for Someone Who Died? · What Taxes Apply to My Inheritance? · What Social Security Survivor Benefits Can I Get? · How Does Step-Up in Basis Work?

Probate Attorneys

More for settling an estate in IdahoAll Idaho settlement forms · All Idaho settlement tools

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

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