Long-established Jerome law firm providing estate planning and probate services in the Magic Valley. Peace of mind through the estate planning process is a major objective of the firm. Serves Jerome, Gooding, and Lincoln counties.
What to Do When Someone Dies in Lincoln County, Idaho
How probate works in Lincoln County: the Magistrate Court record, what the process costs, and how to file there.
Probate Court Record
Lincoln County Magistrate Court
Lincoln County · 5th Judicial District
Phone
Hours
Office
Website
E-filing
Self-represented filing
Self-help forms
E-filing
Self-represented filing
Hearing schedule
- Magistrate Court law and motion: every Tuesday at 9:00 AM.
Self-help center
- 111 West B Street, Suite C, Shoshone, ID 833521-208-886-2173 · Monday-Friday 8:30 AM-5:00 PMLincoln County has limited court assistance services at the district court. The 5th District's districtwide Court Assistance Officer (208-736-4136) also visits on scheduled dates, booked through the courthouse.
Fax
Departments
- Clerk of the District Court1-208-886-7641
- Records requestscourtclerks@lincolncountyid.gov
About the court
- Cities in Lincoln County include Shoshone, Dietrich, and Richfield. 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 Lincoln 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 Lincoln County, probate runs through the Magistrate Court at 111 West B Street, Suite C, Shoshone. 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 Lincoln County
What probate costs in Lincoln 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 111 West B Street, Suite C, Shoshone. 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 Lincoln 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 Clerk of the District Court and Records requests.
Lincoln County has limited court assistance services at the district court. The 5th District's districtwide Court Assistance Officer (208-736-4136) also visits on scheduled dates, booked through the courthouse.
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 Lincoln 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 Lincoln County
In Lincoln 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
Lincoln County · State vital records office
Phone
Website
Certified copies
Certified copy fees
| First certified copy | $16 |
Verified October 15, 2026 · Source
Coroner or Medical Examiner Record
Coroner
Lincoln County · Lincoln County Coroner
Website
Verified November 3, 2026 · Source
Transferring Property in Lincoln 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 Lincoln County are recorded with the County Recorder at 111 West B Street, Suite C, Shoshone, ID 83352. Phone: 1-208-886-7641. 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.
Lincoln County accepts electronic recording through Simplifile.
Recording Office Record
County Recorder
Lincoln County
Phone
Hours
Office
Website
E-recording
Fax
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 Lincoln County
Idaho allows informal probate, so many families settle straightforward estates in Lincoln 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 Lincoln 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.
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.
Provides probate, estate planning, and estate & trust litigation services throughout Idaho, including Boise, Meridian, Twin Falls, and surrounding areas. Formerly known as Angstman Johnson.
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.
Specializes in estate planning for families including those with special needs children. Uses a trademarked "Collaborative Legal Planning Process." Virtual meetings available statewide; serves families in Boise, Meridian, Eagle, Caldwell, Twin Falls, Coeur d'Alene, Pocatello, and more.
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.
- Lincoln County Magistrate Court, official page
- Lincoln County Recorder, official page
- Lincoln 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.
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.
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.
Hire an Idaho Probate Attorney
Browse vetted Idaho attorneys handling probate matters.
Notify Banks & Financial Institutions
Each institution has a separate death claim process. Find yours below.
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