Detailed Answer
When you file to open or transfer a decedent’s estate in Idaho, you must choose the correct county court (“venue”) where the probate case will proceed. Idaho statutes set out specific rules for both formal and small‐estate administrations as well as procedures for transferring a case from one county to another.
1. Formal Administration Venue (Idaho Code § 15-1-201)
Under Idaho Code § 15-1-201, you must file the petition in:
- The county where the decedent was domiciled (resident) at death.
- If the decedent was not domiciled in Idaho, the county where any of the decedent’s real property is located.
- If the decedent had no real property in Idaho, any Idaho county of your choice (practical for where the majority of assets or heirs are located).
Link to statute: Idaho Code § 15-1-201.
2. Small Estate Affidavit Venue (Idaho Code § 15-3-401)
If the total value of the decedent’s personal property does not exceed the statutory limit ($100,000 as of 2024), you may use the small estate procedure. Idaho Code § 15-3-401 allows you to file in:
- The county of the decedent’s domicile at death.
- The county where any of the decedent’s real property is located.
Link to statute: Idaho Code § 15-3-401.
3. Transferring Venue Between Counties (Idaho Code § 15-1-202)
To move a pending probate case from one county to another for convenience or due to improper venue, file a motion for transfer under Idaho Code § 15-1-202. The court will grant transfer if it finds:
- The current venue is improper under the rules above.
- Another county is more convenient for parties, witnesses, or asset administration.
Link to statute: Idaho Code § 15-1-202.
Helpful Hints
- Confirm domicile: Review the decedent’s last tax returns, driver’s license, or voter registration to establish residence.
- Inventory assets by location: List all real and personal property to verify where assets lie.
- Consider small-estate limits: If personal property total falls under the statutory cap, the small estate affidavit can avoid full probate.
- File early: Opening probate in the correct county speeds creditor notifications and asset transfers.
- Seek county clerk guidance: Local clerks often provide probate filing checklists.
Disclaimer: This article is for educational purposes and does not constitute legal advice. Consult a qualified attorney for guidance specific to your situation.