Estate Planning & Probate in Oneida County, Idaho
There are two reasons people look up Oneida County probate: to keep a family out of it, or to get a loved one's estate through it. This page points you to the right path—planning ahead, or settling an estate at the Magistrate Court.
The Probate Process in Oneida 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 Oneida County, probate runs through the Magistrate Court at 10 Court Street, Malad City. The court sits in the 6th Judicial District. The same 6th Judicial District also serves Bannock, Bear Lake, Caribou, Franklin and Power.
Full Oneida County probate guide: cost, how to file & attorneys →Probate Court Record
Oneida County Magistrate Court
Oneida County · 6th Judicial District
Phone
Hours
Office
Website
E-filing
Self-represented filing
Self-help forms
How to file probate in Oneida County →
Verified October 15, 2026 · Source
Recording Office Record
County Recorder
Oneida County
Phone
Hours
Office
Website
Recording fee
Verified October 16, 2026 · Source
Vital Records Office Record
Idaho Bureau of Vital Records and Health Statistics
Oneida County · State vital records office
Phone
Website
Certified copies
Certified copy fee
Full death certificate details →
Verified October 15, 2026 · Source
Coroner or Medical Examiner Record
Coroner
Oneida County · Oneida County Coroner
Website
Full coroner or medical examiner details →
Verified November 3, 2026 · Source
Local Procedures at the Magistrate Court
The Court Assistance Office at the Oneida County courthouse explains the court process and what to expect in court. Court assistance officers do not give legal advice.
Forms for Planning and Settling an Estate in Idaho
Free Idaho forms to plan or settle an estate: a will, trust, powers of attorney, TOD deed and the probate forms. Prepare each form for Idaho.
Last Will and Testament
In Idaho, a will is signed before 2Idaho Code § 15-2-502Verified Oct 18, 2026View source witnesses, and a self-proving affidavit signed with it lets the court admit it without witness testimonyIdaho Code § 15-2-502Verified Oct 18, 2026View source.
Revocable Living Trust
Create a revocable living trust to avoid probate, protect privacy, and control asset distribution.
Pour-Over Will
In Idaho, a pour-over will is signed before 2Idaho Code § 15-2-502Verified Oct 18, 2026View source witnesses and moves anything left outside the trust into it through probate.
Healthcare Power of Attorney
Idaho requires neither witnesses nor a notaryIdaho Code § 39-4510Verified Oct 15, 2026View source for a healthcare power of attorney.
Financial Power of Attorney
Idaho treats a power of attorney as durable by defaultIdaho Code § 15-12-101, § 15-12-104, § 15-12-105, § 15-12-106, § 15-12-107, § 15-12-109, § 15-12-113, § 15-12-119, § 15-12-120, § 15-12-201, § 15-12-301, § 15-12-302; Idaho Code § 55-805, § 55-806Verified Sep 18, 2026View source, and it is signed with no witness or notary requirementIdaho Code § 15-12-101, § 15-12-104, § 15-12-105, § 15-12-106, § 15-12-107, § 15-12-109, § 15-12-113, § 15-12-119, § 15-12-120, § 15-12-201, § 15-12-301, § 15-12-302; Idaho Code § 55-805, § 55-806Verified Oct 21, 2026View source.
Tools for Planning and Settling an Estate in Idaho
Free calculators and checklists to plan or settle an estate in Idaho: will and trust costs, probate, executor pay 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.
Do I Need Probate?
In Idaho, estates valued at $100,000Idaho Code § 15-3-1201Verified Sep 8, 2026View source or less skip probate with the Small Estate AffidavitIdaho Code § 15-3-1201Verified Sep 8, 2026View source, 30 daysIdaho Code § 15-3-1201Verified Sep 8, 2026View source after death.
Who Inherits Without a Will?
Idaho is a community property state, so the surviving spouse already owns half of what the couple acquired during the marriage. Without a will in Idaho, descendants divide what passes to them per capita with representationIdaho Code § 15-2-106Verified Oct 21, 2026View source, and an heir must survive the decedent by 120 hoursIdaho Code § 15-2-104Verified Oct 21, 2026View source to inherit.
How Much Does Probate Cost?
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. Attorney fees run 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 the estate under a reasonable-compensation standard.
Idaho Estate Planning Articles
Articles about estate planning, probate, and trusts relevant to families in Oneida County.
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