How Do I Get Appointed as Executor in Idaho?

In Idaho, the Magistrate Division of the District Court appoints the personal representative and the District court clerk issues Letters Testamentary or Letters of Administration; an informal (registrar) track is available.

State

Document Type

Getting appointed in Idaho

Personal Representative (executor if testate, administrator if intestate)

The form that opens the estate

No statewide fill-in form

Attorney-drafted pleading

Where you file

Magistrate Division of the District Court

What the court issues (with a will)

Letters Testamentary

issued by District court clerk

Letters are an output — the court issues them after granting the petition.

At a glance

UPC adoptedInformal trackE-filing (self-represented)Self-represented filingLocal/county forms

I.R.E.F.S. 5(a): "Probate matters must be filed electronically; however, any original will, along with any pleading to which it is attached, must be filed both electronically and conventionally. The conventional filing must be made no more than seven business days, excluding legal holidays, from the date of electronic filing." Electronic filing is compulsory only for the filers listed in I.R.E.F.S. 4(a) (attorneys, government agencies, court-approved neutrals, paid report preparers, business entities in small claims); a self-represented individual MAY elect File and Serve but is not required to (Rule 4(b)), and a self-represented party who files Court Assistance Office forms through Guide and File need not e-file subsequent documents (Rule 4(c)).

Bond

Required before Letters: No
Waivable by will: Yes
Waivable by beneficiaries: No

What to file with the petition

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)
Bond only if required by the will, by § 15-3-605 demand, or for a special administrator (I.C. § 15-3-603)

Small-estate alternative

Bypasses full Letters: Yes
Form: CAO Pb 01View source
Form name: Affidavit Collecting Personal Property of Small Estate, I.C. 15-3-1201

State-specific notes

Two tracks: informal appointment by APPLICATION to a registrar (magistrate/district judge) without notice (I.C. §§ 15-3-301 to 15-3-311), and formal testacy/appointment by PETITION to the court after notice and hearing (I.C. §§ 15-3-401 to 15-3-414). At least 120 hours must pass after death before informal appointment, and a non-resident decedent triggers a 30-day delay (I.C. § 15-3-307). Small-estate affidavit threshold is $100,000 (fair market value of the probate estate, less liens), available 30 days after death when no PR application/petition is pending (I.C. § 15-3-1201); a separate summary administration applies where a surviving spouse is the sole beneficiary (I.C. § 15-3-1205). Probate e-filing is compulsory for attorneys (I.R.E.F.S. 4(a)) and optional for self-represented individuals (I.R.E.F.S. 4(b)), but an original will must also be filed conventionally within seven business days (I.R.E.F.S. 5(a)).

General information about how a personal representative is appointed, not legal advice. Consult a licensed attorney for legal questions. Data verified Aug 24, 2026

Idaho has no single statewide fill-in petition; the opening document is prepared to statute and filed with the Magistrate Division of the District Court. District court clerk issues Letters Testamentary or Letters of Administration after the court grants the petition.

Along with the petition, Idaho generally requires: 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 does not require a bond by default before Letters issue, though the court can order one.

Idaho permits a self-represented person to open an estate. E-filing is open to self-represented filers. The Idaho self-file probate assessment sets self-filing against attorney costs.

Yes. A revocable living trust passes its assets to the beneficiaries without a court appointment in Idaho: no petition, no Letters, no bond. A revocable trust built with SimplyTrust takes about fifteen minutes.

Getting Appointed in Idaho

In Idaho, a personal representative is appointed by the Magistrate Division of the District Court. District court clerk issues the Letters that prove authority over the estate — Letters Testamentary (with a will) or Letters of Administration (no will). Idaho has adopted the Uniform Probate Code.

Idaho publishes no single statewide fill-in petition; the opening document is prepared to statute and filed with the court. The court filing fee runs $166, and Idaho offers an informal (registrar) appointment track for qualifying estates.

Idaho does not require a bond by default before Letters issue, though the court can order one where it is needed to protect creditors or heirs.

Estates under $100,000 in Idaho may qualify for a simplified procedure that avoids a full appointment entirely (CAO Pb 01). The self-file probate assessment carries an Idaho cost comparison.

SimplyTrust Editorial·Updated September 8, 2026

Legal Sources

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

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