Probate and Recording Deeds in Ada County (Boise), Idaho
Where to file a will or open probate, and where to record a deed, in Ada County (Boise) — with the state rules that apply.
Recording deeds
Ada County Clerk - Recorder's Office (Property Records)
E-recording: yes - eRecording Partners Network (EPN), CSC eRecording, Indecomm eRecording (https://adacounty.id.gov/clerk/property-records/faq/)
Recording fee: Predictable fees covering up to 30 pages per document: deeds (incl. warranty, quitclaim, trustee, probate deeds) $15.00; deeds of trust or mortgage documents $45.00; deed of reconveyance $15.00; substitution of trustee $10.00 Fee schedule
Idaho rules that apply
| Small estate affidavit | If the probate estate's fair market value, minus liens and encumbrances, is $100,000 or less, a successor can collect money owed to the decedent, tangible personal property, and financial instruments (including securities) by affidavit. The affidavit can be used 30 days after death, and only if no application for a personal representative or summary administration is pending or granted anywhere. The statute covers personal property; it does not provide for transferring real estate. Source: Idaho Code § 15-3-1201 |
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| Probate steps | Probate is handled by the district court. Most proceedings must start within three years after death. The main steps are: application or petition for informal or formal probate and appointment of a personal representative; letters issued; optional published notice to creditors (once a week for three weeks); inventory prepared within three months after appointment (given to interested persons who ask; filing with the court is optional); paying claims and distributing the estate; and closing, often by a sworn closing statement filed no earlier than six months after appointment. |
| Signing and recording a deed | A deed must be in writing and signed by the grantor (or an agent authorized in writing), and must show the grantee's name and complete mailing address. To be recorded it must be acknowledged before a notary or other authorized officer. Deeds are recorded with the county recorder of the county where the property is located. |
| Transfer-on-death deed | Idaho has not adopted a transfer-on-death deed for real estate. A 2026 bill to adopt the Uniform Real Property Transfer on Death Act (S1399) was referred to committee and did not become law. Common alternatives include joint tenancy or community property with right of survivorship and living trusts. Check for later legislation before relying on this. |
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General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.