What to do if you hold an original will but live outside Idaho

Disclaimer: I am not a lawyer. This article provides general information about Idaho probate procedures and is not legal advice. For guidance about a specific estate, contact a licensed Idaho probate attorney or the local probate clerk.

Detailed Answer — Preparing and submitting an original will to an Idaho probate court

If you live outside Idaho and you have the decedent’s original will, take careful, deliberate steps. Idaho law requires the original will to be offered to the probate court in the proper county for probate. Generally that is the county where the decedent was domiciled (lived) at death or where the decedent’s Idaho real property is located. You should confirm the correct venue with the clerk of the probate court in the likely county.

Key Idaho statutes and resources:

Idaho Code Title 15 (Probate and Guardianship) — contains provisions governing wills and probate procedures.
Idaho Supreme Court / Idaho Judicial Branch — for local court contacts and forms.

Follow these practical steps:

Identify the correct probate court. Confirm the county where the decedent was domiciled at death or, if domicile is uncertain, where most probate assets (especially real estate) are located. Call the county clerk or court to confirm filing location and local rules.
Contact the court clerk before sending anything. Ask what forms the court expects, filing fees, whether the court accepts filings by mail or e-filing, how the clerk prefers to receive original wills, and whether the court requires an in-person filing by a local attorney or representative.
Gather required documents. Typical items the clerk will request include the original signed will, a certified or official copy of the death certificate, a probate petition (or application), and a proposed personal representative’s name and contact. If the will includes a self-proving affidavit (notarized witness statements signed when the will was executed), the probate process is usually smoother.
Protect the original will and the chain of custody. Never destroy the original will. Keep a high-quality copy for your records. If you mail the original, use an insured, trackable overnight carrier and require signature on delivery. Better: retain an Idaho attorney or a local filing service to file the original in person and confirm receipt.
File the will and the petition. You (as custodian) or your attorney files the original with the clerk and submits the probate petition. The filing formally offers the will for probate. The court will check whether the will appears valid, notify heirs and interested parties, and either open an informal probate or set a hearing for formal probate, depending on circumstances.
If witnesses are out-of-state or unavailable. If the will lacks a self-proving affidavit, Idaho law accepts witness testimony or other proof of execution. The clerk or court can explain acceptable proof methods. In many cases, witnesses can provide notarized affidavits or sworn depositions verifying they saw the testator sign the will. If witnesses can appear telephonically or provide notarized statements, that may suffice. Consult the court or counsel for the exact procedure.
Consider ancillary probate if appropriate. If the decedent was domiciled in another state but owned Idaho real property, you may need an ancillary probate in Idaho. The original will may need to be submitted in the decedent’s domicile state first, then certified copies or ancillary filings made in Idaho. The court clerk can explain whether ancillary probate applies.
Follow up and obtain receipts. After filing, get a stamped receipt or file-stamped copy from the clerk showing that the original will was received. If you mailed the will, keep delivery confirmation and insurance paperwork.

Common timing and costs

Probate timelines vary with case complexity and whether anyone contests the will. Idaho counties list filing fees; courts may require a bond for the personal representative unless the will waives bond. Ask the clerk for current fee schedules and any local procedural checklists.

When to hire an Idaho probate attorney

If the estate includes real property or complex assets in Idaho.
If heirs are in conflict or you expect a will contest.
If the will’s execution or validity may be challenged.
If you prefer a local agent to file the original and appear in court.

Short Hypothetical Example

Mary, who lives in Oregon, holds her brother’s original will. Her brother lived in Ada County, Idaho, at death. Mary calls the Ada County probate clerk, confirms forms, and hires an Idaho attorney to file the original will, the death certificate, and the probate petition. The attorney files the original in person and returns a stamped receipt to Mary, who keeps copies. Because the will contained a self-proving affidavit signed before a notary, the process moved forward without live witness testimony.

Helpful Hints

Call the county probate clerk before mailing anything — local procedures differ.
Use insured, trackable shipping or hire a local attorney to deliver the original will.
Keep multiple high-quality copies of the will and the death certificate before you send originals.
If the will includes a self-proving affidavit, point that out to the clerk — it often avoids witness testimony.
Ask the clerk for a written confirmation (file-stamped copy or receipt) that they received the original will.
If the decedent owned Idaho real estate but lived elsewhere, ask whether ancillary probate is necessary.
Document all communications (dates, names, phone numbers) with court staff and carriers.
Consider hiring an Idaho attorney for filing, hearing representation, or if any party may contest the will.

For statute references and forms, start at the Idaho legislature site for Title 15 (probate) and the Idaho Judicial Branch for local court contacts and forms:

If you want, tell me the Idaho county involved (or the decedent’s last Idaho address) and I can list the likely courthouse contact and common local forms to request.