Should You Get a Trust or a Will in Idaho?
In Idaho, a will-based plan pays probate attorney fees of 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; a funded revocable trust keeps those assets out of probate and off that fee.
In Idaho, a will-based plan pays probate attorney fees of 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; a funded revocable trust keeps those assets out of probate and off that fee. The trust also distributes assets faster than the 4 months to 6 months probate timeline a simple estate takes.
Probate in Idaho runs about $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 on a $500,000 estate in combined attorney, executor, and court fees. A revocable trust has a one-time setup cost and no probate fees. See a detailed breakdown with the Idaho probate calculator.
No. A will must go through probate in Idaho. A small estate may qualify for a simplified route: 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. The Small Estate Affidavit is presented directly to the bank, employer, or other holder of the property — it is not filed with a court.
Simple estates in Idaho typically take 4 months to 6 months through probate; average estates 6 months to 12 months, and contested estates longer. A funded revocable trust avoids probate entirely; distributions follow the trustee's administration rather than a court timeline.
Yes. A will becomes a public court record once it enters probate in Idaho: the will, the inventory, the beneficiaries and the distributions. A revocable trust is a private document that does not go through probate, so the terms, beneficiaries, and asset details remain confidential.
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Learn moreForms for Planning Your Estate in Idaho
Free forms for planning your estate in Idaho: a will, living trust, pour-over will, both powers of attorney, living will, and TOD deed.
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.
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.
Revocable Living Trust
Create a revocable living trust to avoid probate, protect privacy, and control asset distribution.
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 Sep 18, 2026View source.
Living Will
In Idaho, the living will is the Advance Care Planning DocumentIdaho Code Title 39, Ch. 45 (The Medical Consent and Natural Death Act), §§ 39-4501 to 39-4517; § 39-4510 (advance care planning document)Verified Sep 27, 2026View source, a written instruction that is valid with no agent named.
Tools for Planning Your Estate in Idaho
Free tools for planning your estate in Idaho: what a will or trust costs, whether you need a trust or TOD deed, and how documents are signed.
How Do I Sign Estate Documents?
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Will My Estate Documents Transfer?
Check if estate planning documents signed in one state are valid in another.
How Much Does a Revocable Living Trust Cost?
An attorney-prepared revocable living trust in Idaho runs $3,280Estimate: 10 hours at $328, Clio's Idaho Trusts rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source to $4,920Estimate: 15 hours at $328, Clio's Idaho Trusts rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source for an individual, against $0 to $549 up front plus a subscription with an online service.
How Much Does a Will Cost?
An attorney-prepared will in Idaho runs $933Estimate: 3 hours at $311, Clio's Idaho Wills and Estates rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source to $1,866Estimate: 6 hours at $311, Clio's Idaho Wills and Estates rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source, against $0 to $299 up front with an online service, and probate on a $500,000 estate adds about $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.
How Does SimplyTrust Compare to LegalZoom, Trust & Will, and Other Services?
Compare what it costs to make a trust official across SimplyTrust, LegalZoom, Trust & Will, Rocket Lawyer, and Quicken WillMaker.
How Do I Name a Guardian for My Minor Children?
In Idaho, a parent names a guardian for a minor child in a willIdaho Code §§ 15-5-202, 15-5-204, 15-5-410Verified Sep 15, 2026View source, and the nomination covers the child until the age of majority, 18Idaho Code § 32-101Verified Sep 15, 2026View source.
Do I Need a Revocable Trust?
Probate in Idaho takes 4 months to 6 months for a simple estate and charges attorney fees of 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; assets held in a revocable trust skip both.
What Does Estate Planning Actually Cost?
An attorney-prepared revocable trust in Idaho runs $3,280Estimate: 10 hours at $328, Clio's Idaho Trusts rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source to $4,920Estimate: 15 hours at $328, Clio's Idaho Trusts rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source and a simple will $933Estimate: 3 hours at $311, Clio's Idaho Wills and Estates rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source to $1,866Estimate: 6 hours at $311, Clio's Idaho Wills and Estates rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source, against $0 to $549 up front plus a subscription with an online service.
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Idaho Estate Planning Resources
In-depth guides covering Idaho probate laws, trust requirements, and estate planning strategies.