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

Hours

Monday-Friday 8:30 AM-5:00 PM

Office

111 West B Street, Suite C, Shoshone, ID 83352

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 individuals may file probate cases, on paper or through iCourt File and Serve. The Idaho Court Self-Help site's Wills & Probate publications answer common questions about probate in Idaho.

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.

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

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

Lincoln County · Lincoln County Coroner

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

Hours

Monday-Friday 8:30 AM-5:00 PM

Office

111 West B Street, Suite C, Shoshone, ID 83352

Fax

1-208-886-2798

Verified October 16, 2026 · Source

Forms that put a death on the title

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.

Solo PracticeServes 2 countiesEstate PlanningProbate

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.

Serves 4 countiesEstate PlanningTrust AdministrationWills Trusts

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.

Since 1975Serves 4 countiesEstate PlanningProbateWills Trusts

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.

Serves the whole stateFree consultationEstate PlanningTrust AdministrationProbateConservatorshipGuardianshipSpecial Needs Planning

See all 8 firms serving Lincoln 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.

Legal Sources

(9)·

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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