To get a copy of a will in Idaho, you request it from the clerk of the magistrate court in the county where the deceased person lived, but only after the will has actually been filed for probate. Before that filing, the document is private and the court has nothing to give you. After it, the will is a public record like any other court filing.
When an Idaho Will Is Available to Request
While the testator is alive, the will is private. No one else can access it without the testator’s permission, whatever their relationship or interest.
After death, Idaho Code § 15-2-902 requires whoever holds the original will to deliver it “with reasonable promptness” either to a person who can file it for probate or directly to the court. The statute sets no fixed deadline like 30 or 60 days. Anyone who deliberately withholds the will can be personally liable for damages and held in contempt if they ignore a court order to hand it over.1Idaho State Legislature. Idaho Code 15-2-902 – Duty of Custodian of Will Liability
Public access starts when the will is filed with the Magistrate Division of the district court. Under Idaho Court Administrative Rule 32, records filed in probate proceedings are generally open to the public.2Idaho Supreme Court. I.C.A.R. 32 – Records of the Judicial Department Until then, the will sits with an attorney, a family member, or whoever last held it, and the court cannot help you.
Finding the Right Court and Case
Probate in Idaho is handled by the magistrate court in the county where the deceased person lived at the time of death, across the state’s 44 counties.3Transparent Idaho. Explore Idaho’s Counties Your first job is to identify which county has the file.
Before you search, pull together:
- The decedent’s full legal name, including any maiden name or alternate spelling that might appear on court filings.
- The date of death, or a close approximation.
- The county of residence at death, which is not necessarily where the person owned property.
Use the Idaho iCourt portal on the Idaho Supreme Court website to search by name across civil and probate cases statewide.4Idaho Supreme Court. Court Records Search Public users do not need to register. A successful search returns the case number and identifies the court holding the file.
If nothing comes up, the will probably hasn’t been filed for probate. That’s a different problem, addressed further down.
Requesting the Copy From the County Clerk
Once you know which court holds the case, contact that county’s clerk of the district court. Ask specifically for a copy of the last will and testament on file rather than the entire probate case file. Narrowing the request keeps the per-page charges down.
In Person
Walking into the clerk’s office is usually the fastest option. Bring the case number, or at minimum the decedent’s name and date of death. Payment methods vary by county, so call ahead if the courthouse is any distance from you.
By Mail or Email
Most counties require a written request and do not accept oral ones. Ada County, for instance, posts a downloadable records request form on its website and accepts submissions by email.5Ada County. Public Records Requests For mailed copies, include a self-addressed stamped envelope; some counties waive their mailing charge if you supply postage. Payment by mail is usually a check or money order made out to the district court. Some counties will send copies as PDF attachments by email, which is considerably faster than physical mail.
Fees
Copy and certification charges are set at the county level and vary across the state. Expect a per-page charge for regular copies plus an additional fee for certified copies bearing the court’s seal. Call the specific county clerk’s office for the current schedule before sending payment.
When You Need a Certified Copy
A plain photocopy is fine for personal reference. Certain uses, though, require a certified copy stamped and signed by the clerk confirming it matches the original on file.
Federal estate tax filings are the most common reason. If the estate is large enough to require IRS Form 706, federal regulations require a certified copy of the will to accompany the return.6eCFR. 26 CFR 20.6018-4 – Returns Documents to Accompany the Return Banks and brokerage firms holding the decedent’s accounts typically will not release assets without a certified copy, and title companies handling real estate transfers take the same position.
Say upfront whether you want a certified or uncertified version. The cost difference is usually small, and asking for certified the first time saves a second request later when a bank or title company demands it.
When the Will Hasn’t Been Filed Yet
Plenty of people searching for a will come up empty in iCourt and assume none exists. Often the will is simply sitting with someone who hasn’t acted on it.
Idaho sets no hard statutory deadline for filing probate, but timing does matter. Informal probate, the simpler and more common track, requires that the application state three years or fewer have passed since death.7Idaho State Legislature. Idaho Code 15-3-301 – Informal Probate or Appointment Proceedings Application Contents After that window closes, formal probate may still be possible under limited circumstances but becomes more expensive and less predictable.
If you believe a will exists but nothing has been filed, you have a few practical routes:
- Contact the drafting attorney. The lawyer who prepared the will often holds the original or a copy, and once informed of the death is generally expected to deliver the original to the court or the named executor.
- Check safe deposit boxes. Idaho allows an executor or close family member to access a safe deposit box for the limited purpose of searching for estate planning documents.
- Petition the court. A beneficiary or heir can ask the court to compel a named executor who is sitting on the will, or to appoint a different personal representative.
One boundary worth naming: if the estate is small enough to qualify for Idaho’s small estate affidavit process, it may pass without any probate case being opened. In that situation there may never be a court file to search, even if a will existed.
When the Original Will Is Lost
If the original cannot be found after the testator’s death, Idaho law presumes the testator destroyed it intentionally, which means the will is presumed revoked. Families are often caught off guard by this presumption.
Overcoming it requires formal court proceedings. Idaho Code § 15-3-409 permits a court to establish the contents of a lost will, but only after the proponent proves what the will said and shows the original was not deliberately destroyed.8Idaho State Legislature. Idaho Code 15-3-409 – Formal Testacy Proceedings A photocopy can support the effort, but a copy alone is not an automatic substitute for the missing original. The court has to independently find the will’s contents and enter a written order recording them.
The evidentiary burden runs heavier than in a routine probate. You will generally need testimony from someone who read the original or a copy, evidence explaining why the original is missing, and enough proof to satisfy the court that the testator did not intend to revoke the will. Every person who would inherit under intestacy if the will fails must receive notice of the proceeding. This is not a do-it-yourself matter; without a probate attorney, the estate is likely to default to intestacy.