Idaho Probate Forms: Where to Find Them and Which Ones You Actually Need

The Idaho Court Assistance Office (CAO) posts probate forms online for free. The problem: they're listed alphabetically, with no explanation of which form goes first, which ones are required vs. optional, or which county-specific procedures might affect your filing. Executors searching for "Idaho probate forms" usually find the form list and then spend hours trying to figure out where to start.

Here's the practical breakdown.

Where Idaho Probate Forms Live

Idaho Court Assistance Office (CAO): The CAO is the state's primary resource for self-represented litigants. Forms are available at the iCourt Guide & File system (idcourts.gov). The CAO provides standardized, court-approved forms — but not a comprehensive library of all probate forms. The more specialized filings (Petitions for Probate, Letters Testamentary templates, Deeds of Distribution) are often not available as fill-in-the-blank CAO forms. Executors frequently need to draft these from statutory templates in Title 15 of the Idaho Code or use paid document services.

Idaho State Bar: The ISB provides some templates used in Title 15 proceedings, primarily for attorneys. These aren't always accessible to the public in a ready-to-use format.

County clerk offices: Each county's Magistrate Division may have local forms or requirements for case initiation. Contact the specific county court directly to ask about local requirements before filing.

Forms Needed in Sequence

Opening a Probate Case

General Civil Case Information Sheet Required by every Idaho court to initiate a new civil case. This is a standard administrative form identifying the parties, case type, and attorney (if any). Available from the CAO.

Petition for Probate (Informal) or Petition for Formal Probate This is the primary pleading that opens the estate. For informal probate, the petition asks the court clerk to appoint the personal representative without a judicial hearing. For formal probate, it requests a hearing before a magistrate judge.

The petition must include: decedent's name, date and place of death, residency, a statement that the will is the decedent's last will (if applicable), and the identity and address of the proposed personal representative.

This form is not provided as a standard CAO fill-in form. Executors typically draft it from the statutory language in Idaho Code Title 15 or use a paid legal document service.

Original Last Will and Testament File the original physical will with the county clerk. If e-filing the petition via iCourt, you must still physically deliver or mail the original will to the courthouse within seven business days of the electronic filing.

Certified Copy of Death Certificate Required at filing. Order through VitalChek or by mail from the Idaho Department of Health and Welfare.

Application for Appointment as Personal Representative Formal request for the court to appoint the named executor. Often incorporated into the Petition for Probate itself.

After Appointment

Notice to Heirs and Devisees Written notice sent to all known heirs and devisees within 30 days of appointment (Idaho Code § 15-3-705). Not typically filed with the court, but required to be sent and retained.

Application for Employer Identification Number (IRS Form SS-4) Federal — not an Idaho court form — but required before you can open an estate bank account or file Form 1041.

Notice to Creditors (Publication Draft) Not a court form — you work directly with a local newspaper to publish this. The statute specifies the required language. Some counties have newspapers that specialize in legal notice publications and will provide templates.

Inventory and Appraisement Required within 90 days of appointment. The CAO provides the Conservator's Inventory and Financial Plan (CAO GC 9-1) for conservatorship matters, which executors sometimes adapt for probate. Alternatively, executors draft the inventory document directly to meet Idaho Code § 15-3-706 requirements. Must be delivered to any interested party who requests it, and may optionally be filed with the court.

Closing the Estate

Closing Statement (Informal Closing) Filed under Idaho Code § 15-3-1003 to close an informal probate. The personal representative swears under oath that all creditor periods have expired, all taxes have been addressed, and a full written accounting has been delivered to distributees. This is typically a drafted document, not a standardized CAO form.

Personal Representative's Deed / Deed of Distribution Required to transfer real estate out of the estate to heirs or beneficiaries. This must be drafted with precision — errors in the legal description or chain of title can cloud the title for years. Most executors handling real estate work with a title company or real estate attorney to draft this document correctly, then record it with the County Recorder's office in the jurisdiction where the property is located.

E-Filing in Idaho: What You Need to Know

Idaho mandates electronic filing for all licensed attorneys via iCourt File and Serve. For pro se (self-represented) executors, e-filing is optional — with a critical caveat.

The e-filing trap: Under Idaho Rules for Electronic Filing and Service (I.R.E.F.S.) Rule 4(b), if you choose to use the iCourt system as a pro se filer, you are legally bound to continue e-filing for the entire remainder of the case. You cannot switch back to paper filing mid-case. If you're not comfortable with e-filing for the long haul, start on paper and stick with it.

Original will requirement: Regardless of whether you e-file or paper file, the original physical will must be submitted to the courthouse clerk within seven business days of filing the petition.

County-Specific Probate Court Locations

Idaho probate is administered locally at the Magistrate Division of the District Court in the county where the decedent was domiciled. The county matters because local practices, scheduling, and CAO availability vary:

Ada County (Boise): Ada County Courthouse, 200 W. Front St., Boise. High case volume — formalized procedures, strict security. Appointments with probate clerks are strongly recommended.

Canyon County (Caldwell): Canyon County Courthouse, 1115 Albany St., Room 201. Inquiries directed to specific email addresses ([email protected]) rather than a general help line. Expect segmented communication protocols.

Kootenai County (Coeur d'Alene): Kootenai County Justice Building, 324 W. Garden Ave. The Court Assistance Office operates by appointment only, Tuesdays and Thursdays only. Plan ahead.

Bonneville County (Idaho Falls): 605 N. Capital Ave. Offers an online portal for scheduling and county land record searches. More modern infrastructure for real estate transfer work.

Bannock County (Pocatello): 624 E. Center St., Room 106. Relies heavily on in-person clerk interactions for civil filings.

Twin Falls County: Theron Ward Judicial Building, 427 Shoshone St. N. Verify you're interfacing with the correct district-level personnel for the Fifth Judicial District.

Kootenai County: Appointment-only CAO on Tuesdays and Thursdays is a frequent source of delay for executors who expect walk-in service.

The gap between "finding the forms" and "knowing which form to file, in what order, with what attachments" is exactly where pro se Idaho executors run into trouble. A rejected filing adds weeks and a refiling fee.

The Idaho Probate Process Guide maps every required document to the stage of the process where it's needed, with instructions on how to complete each one and county-specific notes for Ada, Canyon, Kootenai, and Bonneville County courts.

See more Idaho guides →