What Do I Do When Someone Dies in Idaho?

A step-by-step checklist for the days, weeks, and months after a death, with the state's rules, deadlines, fees, and official forms noted on the steps they apply to. Free PDF.

Settling an estate? Checklist, accounting, and forms in one plan.

Frequently Asked Questions

Request 10-15 certified copies from the funeral home or state vital records office. You will need these for banks, insurance companies, government agencies, and other institutions. Each institution typically requires an original certified copy. Order from Idaho Bureau of Vital Records and Health Statistics. Fee: $16/copy. Available: online, mail. Processing: 3-5 weeks.

State law sets the order of who has the legal right to decide burial, cremation, or other disposition. A written pre-need designation by the deceased, if one exists, controls. Confirm who holds this authority before arrangements are made. State law sets the order of who controls disposition of remains. Order: Person designated in a written document acknowledged in the same manner as a conveyance of real property, or the person the decedent named to direct disposition on military DD Form 93; then Agent under durable power of attorney for health care (unless explicitly denied); then Agent under durable power of attorney (if it explicitly grants disposition authority); then others in statutory order. A written pre-need designation by the deceased, if one exists, controls over this order.

Evaluate whether the estate qualifies for small estate procedures or if full probate is required based on asset values and types. Small estate affidavit available for estates under $100,000. Informal (unsupervised) probate available. Independent administration reduces court oversight.

Submit the original will (if any) and petition to open probate. You will need to pay filing fees and may need to post a bond. Statewide form: Petition for Formal Probate of Will / Adjudication of Intestacy and Appointment of Personal Representative. File with the Magistrate Division of the District Court. Filing fee $166. Informal probate available. Independent administration reduces court supervision. Typical duration: 5-12 months.

Once appointed by the court, obtain letters testamentary (with will) or letters of administration (without will). These prove your authority. Letters Testamentary are issued by the District court clerk, after the registrar's statement of informal appointment (informal) or the court's order (formal); the registrar is a magistrate or district judge (I.C. § 15-1-201(42)). The state's title for the role is Personal Representative (executor if testate, administrator if intestate). Typically filed 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).

More tools for handling this estate

Calculators and checklists for executors and trustees.

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Petition for Probate and Letters

Prepare the application to open probate and request Letters Testamentary or of Administration.

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Notice to Creditors

Prepare the creditor notice for an estate — the official state form or a notice typeset to statute, plus mailed notices for known creditors.

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Renunciation of Executor

Decline an appointment as executor — the writing filed with the court, drafted to your state's rule, with its deadline and filing office.

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Affidavit of Heirship

Prepare the sworn statement of a deceased person's family history and heirs for recording in the county land records, composed to your state's statute with its recording instructions.

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Small Estate Affidavit

Prepare the affidavit that collects a small estate's property without probate — the official state form or an affidavit drafted to statute, plus a presentation letter for each holder.

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Estate Inventory

Prepare the probate inventory of estate property — every asset at its date-of-death value, composed to your state's statute, with the state's filing or delivery instructions.

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How Much Does Probate Cost?

Estimate attorney fees, executor fees, court costs, and timeline for probating an estate in your state. See if the estate qualifies for simplified probate procedures.

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How Much Can an Executor Charge?

Calculate how much an executor (personal representative) can charge for administering an estate. See if your state has statutory fees or uses reasonable compensation.

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Who Inherits Without a Will?

Find out who inherits your estate and how much they get if you die without a will. Based on your state's intestate succession laws.

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What's Fair Trustee Compensation?

Find out what's fair compensation for serving as trustee. Compare family, professional, and corporate trustee rates based on your situation.

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How Much Are Estate & Inheritance Taxes?

Calculate federal estate tax, state estate tax (12 states + DC), and inheritance tax (5 states) for an estate or trust.

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How Many Death Certificates Do I Need?

Calculate how many certified death certificates you need based on the assets and accounts you need to close. See state-specific ordering information.

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Idaho Estate Settlement Resources

In-depth guides covering Idaho probate, estate administration, and settling an estate.