Idaho Code
Idaho Code

Idaho Code § 17-201 (2026)

Appealable judgments and orders. 

✓ current as of May 2026
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Appealable judgments and orders. 

An appeal may be taken to the district court of the county from a judgment, or order of the magistrates division of the district court in probate matters:

1.  Granting, refusing or revoking, or refusing to revoke, letters testamentary, or of administration, or of guardianship.
2.  Admitting, or refusing to admit, a will to probate.
3.  Against or in favor of the validity of a will, or revoking or refusing to revoke the probate thereof.
4.  Against or in favor of setting apart property, or making an allowance for a widow or child.
5.  Against or in favor of directing the partition, lease, mortgage, sale or conveyance of real property.
6.  Settling an account of an executor, administrator or guardian.
7.  Refusing, allowing or directing the distribution or partition of an estate, or any part thereof, or the payment of a debt, claim, legacy or distributive share.
8.  Confirming report of appraiser setting apart the homestead.
Notes of Decisions
Cited in 19 cases (1 in the last 5 years), 1947–2025 · leading case: Matter of Est. of Keeven, 716 P.2d 1224 (Idaho 1986).
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Matter of Est. of Keeven, 716 P.2d 1224 (Idaho 1986). · cites it 24× “" I.C. § 17-201 is the statute which governs appeals to the district court in probate matters.”
Uzzle v. Est. of Hirning, 475 P.3d 1191 (Idaho 2020). · cites it 8× “7 Idaho Rule of Civil Procedure 83(a)(2)(F) provides that an appeal can be taken from a magistrate court to a district court following “any order, judgment or decree by a magistrate in a special proceeding for which an appeal is provided by statute.”
Smith v. Smith (In Re Est. of Smith), 432 P.3d 6 (Idaho 2018). · cites it 4× “He acknowledged that both orders were appealable pursuant to Idaho Code section 17-201. After this Court granted that motion, and thereby allowed the appeal to proceed on both issues, Joseph filed another motion seeking the dismissal of Vernon's appeal from the order granting…”
State, Dep't of Law Enf't v. One 1955 Willys Jeep, V.I.N. 573481691, 595 P.2d 299 (Idaho 1979). · cites it 8× “, or I.C. § 17-201. Yet the district court exercised appellate jurisdiction as did this Court in turn.”
Freeburn v. Freeburn, 555 P.2d 385 (Idaho 1976). · cites it 6× “I.C. § 17-201 enumerates the judgments and orders of the magistrates division of the district court in probate matters which are appealable to the district court.”
H&W v. Cathie Peterson RE: The Est. of Melvin Peterson (deceased), 340 P.3d 1143 (Idaho 2014). · cites it 4× “I.C. § 17-201. In its May 26, 2010 Decision on Appeal, the district court concluded that the June 12, 2008 Order was interlocutory because the trial court did not determine any value, nor distribute, nor set aside, nor partition the life estate in the order itself.”
Maureen Erickson v. Jerome S. McKee, 283 P.3d 749 (Idaho 2012). · cites it 8× “Because I.C. § 17-201 designates such an order from a magistrate court in probate matters as an appealable matter, we agree.”
Matter of Est. of Kunzler, 707 P.2d 461 (Idaho Ct. App. 1985). · cites it 4× “Glen appealed, presumably invoking the district court's appellate jurisdiction under I.C. § 17-201(7), which authorizes an appeal from a magistrate's order "[r]efusing, allowing or directing the .”
Spencer v. Idaho First Nat'l Bank, 678 P.2d 108 (Idaho Ct. App. 1984). · cites it 4× “None of these statutes or court rules specifically provides for an appeal from an interim accounting in the administration of a decedent’s estate.”
State v. Carpenter, 176 P.2d 910 (Idaho 1947). · cites it 6× “signments of error contends the evidence is insufficient to sustain her conviction, particularly in this; that she and Clyde Pease were married and she aided in procuring and passing the hacksaw blades into the City Jail where he and Ace Jacobson were confined, under threats…”
Keeven v. Wakley, 716 P.2d 1224 (Idaho 1986). · cites it 24× “” I.C. § 17-201 is the statute which governs appeals to the district court in probate matters.”
Clark v. Knott, 515 P.2d 1017 (Idaho 1973). · cites it 8× “2 * * *» I.C. § 17-201, contained in I.C. Title 17, Ch.”
Show all 19 citing cases →
— Idaho Code § 17-201(1) — 2 cases
Matter of Est. of Keeven, 716 P.2d 1224 (Idaho 1986). “" I.C. § 17-201 is the statute which governs appeals to the district court in probate matters.”
Keeven v. Wakley, 716 P.2d 1224 (Idaho 1986). “” I.C. § 17-201 is the statute which governs appeals to the district court in probate matters.”
— Idaho Code § 17-201(3) — 2 cases
Matter of Est. of Keeven, 716 P.2d 1224 (Idaho 1986). “" I.C. § 17-201 is the statute which governs appeals to the district court in probate matters.”
Keeven v. Wakley, 716 P.2d 1224 (Idaho 1986). “” I.C. § 17-201 is the statute which governs appeals to the district court in probate matters.”
— Idaho Code § 17-201(5) — 1 case
Smith v. Smith (In Re Est. of Smith), 432 P.3d 6 (Idaho 2018). “He acknowledged that both orders were appealable pursuant to Idaho Code section 17-201. After this Court granted that motion, and thereby allowed the appeal to proceed on both issues, Joseph filed another motion seeking the dismissal of Vernon's appeal from the order granting…”
— Idaho Code § 17-201(6) — 3 cases
State, Dep't of Law Enf't v. One 1955 Willys Jeep, V.I.N. 573481691, 595 P.2d 299 (Idaho 1979). “, or I.C. § 17-201. Yet the district court exercised appellate jurisdiction as did this Court in turn.”
Uzzle v. Est. of Hirning, 475 P.3d 1191 (Idaho 2020). “7 Idaho Rule of Civil Procedure 83(a)(2)(F) provides that an appeal can be taken from a magistrate court to a district court following “any order, judgment or decree by a magistrate in a special proceeding for which an appeal is provided by statute.”
Spencer v. Idaho First Nat'l Bank, 678 P.2d 108 (Idaho Ct. App. 1984). “None of these statutes or court rules specifically provides for an appeal from an interim accounting in the administration of a decedent’s estate.”
— Idaho Code § 17-201(7) — 4 cases
Matter of Est. of Kunzler, 707 P.2d 461 (Idaho Ct. App. 1985). “Glen appealed, presumably invoking the district court's appellate jurisdiction under I.C. § 17-201(7), which authorizes an appeal from a magistrate's order "[r]efusing, allowing or directing the .”
Freeburn v. Freeburn, 555 P.2d 385 (Idaho 1976). “I.C. § 17-201 enumerates the judgments and orders of the magistrates division of the district court in probate matters which are appealable to the district court.”
Maureen Erickson v. Jerome S. McKee, 283 P.3d 749 (Idaho 2012). “Because I.C. § 17-201 designates such an order from a magistrate court in probate matters as an appealable matter, we agree.”
Frauenholz v. Young, 566 P.3d 1085 (Idaho Ct. App. 2025).
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