What to Do When Someone Dies in Lincoln County, Idaho

Probate in Lincoln County runs through the Magistrate Court: prove the will, settle the debts, and pass the house to the heirs. Here is how the local process works—and what each step actually costs.

When someone dies in Lincoln County, settling their estate runs through the Magistrate Court. This page covers the court record, whether probate is required, what it costs, how to file, transferring property, and the local attorneys who handle probate here.

Probate Court Record

Magistrate Court

Lincoln County · 5th Judicial District

Address

111 West B Street, Suite CShoshone, ID 83352

Fax

208-886-2458

Hours

Monday - Friday, 8:30 AM - 5:00 PM
Visit court website →
Paper filing availableE-filing optionalSelf-filing allowed

Credit/Debit card payments available with convenience fee. Online payments at mycourts.idaho.gov (3.5% convenience fee). 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. Court Assistance services for Lincoln County are limited; self-represented litigants are directed to the 5th Judicial District court assistance resources.

Verified July 3, 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. The 4 monthsIdaho Code § 15-3-801Verified Sep 8, 2026View source creditor claim window is the largest fixed piece of that timeline — a mandatory wait regardless of how simple the estate is.

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) — api.isc.idaho.gov/uploads/Rules_PDFs/1775633983169-Appendix-A-Civil-Case-Filing-Fees-071224.pdf (Verified 2026-09-08)Verified Sep 8, 2026View source to open probate, the same in every county. Additional filings during administration — inventory, accounting, the final petition — add to the total.

The Magistrate Court accepts e-filing (https://isc.idaho.gov/irefs). Paper filing remains available for self-represented filers.

Estimate the costs for this estate:

Attorney fees in Idaho are negotiated, typically 1.8%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)Verified Sep 8, 2026View source to 2.8%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)Verified Sep 8, 2026View source of estate value. Flat-fee arrangements are common for straightforward estates.

Executor compensation is based on reasonable pay for time and effort — the states that do set a schedule pay 2.2%Estimated from the 16 state statutes that set an executor fee schedule (median and interquartile range at this estate value)Verified Sep 8, 2026View source to 3.8%Estimated from the 16 state statutes that set an executor fee schedule (median and interquartile range at this estate value)Verified Sep 8, 2026View source of estate value. Family members who are also beneficiaries often waive the fee — executor pay is taxable income while inheritances are not.

Idaho requires publishing creditor notice in a local newspaper, typically $200–$500. Professional appraisals for real estate or business interests add $300–$600 per asset.

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.

How to File Your Documents

Paper Filing Available

You can file your probate documents in person at the court or by mail.

E-Filing Also Available

If you prefer, you can file electronically through the state's online system. This is optional for families filing without an attorney.

View E-Filing Information

Paper Filing Required For

  • •Original wills (must also be filed conventionally within 7 business days)

Can You File Without an Attorney?

Not every estate requires an attorney. Estate size, asset types, and whether beneficiaries agree determine if self-filing at the Magistrate Court is realistic.

For a full cost comparison and filing checklist, see the Lincoln County Self-Filing Assessment.

Before You Go

Hearing schedule

Law and Motion: Every Tuesday at 9:00 AM

What to Bring

To file at the Magistrate Court you need: the original will (or proof there isn't one), a certified death certificate, contact information for all heirs and beneficiaries, and a summary of what the estate owns and owes.

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: 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

Address

111 West B Street, Suite CShoshone, ID 83352

Fax

208-886-2798

Hours

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

E-recording

Available via SimplifileE-recording info →
Visit recorder website →

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 September 4, 2026 · Source

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 — typically 1.8%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)Verified Sep 8, 2026View source to 2.8%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)Verified Sep 8, 2026View source of the estate's value, 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.

FirmJerome, ID

Williams, Meservy & Larsen, LLP

Since 1935 · Serves 3 counties

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.

PracticesEstate PlanningProbate AdministrationWills Trusts

Office
153 East Main StreetJerome, ID 83338

Solo PracticeBoise, ID

Allaire Law PLLC

Serves 2 counties

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.

PracticesEstate PlanningProbate Administration

Office
950 W Bannock St, Suite 1100Boise, ID 83702

FirmMeridian, ID

Avery Law

Serves 4 counties

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.

PracticesEstate PlanningTrust AdministrationWills Trusts

Office
3090 E Gentry Way, Suite 250Meridian, ID 83642

FirmBoise, ID

Johnson May

Serves 3 counties

Provides probate, estate planning, and estate & trust litigation services throughout Idaho, including Boise, Meridian, Twin Falls, and surrounding areas. Formerly known as Angstman Johnson.

PracticesEstate PlanningTrust AdministrationProbate LitigationConservatorshipand 3 more

Office
199 N Capitol Blvd, Suite 200Boise, ID 83702

FirmPocatello, ID

May, Rammell & Wells

Since 1975 · Serves 4 counties

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.

PracticesEstate PlanningProbate AdministrationWills Trusts

Office
216 West Whitman StreetPocatello, ID 83204

FirmIdaho Falls, ID

Alan R. Harrison Law, PLLC

Serves the whole state

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.

PracticesEstate PlanningTrust AdministrationConservatorshipGuardianshipand 2 more

Office
1070 Riverwalk Dr, Suite 100Idaho Falls, ID 83402
Free consultation
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.

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Legal Sources

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