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Cassia County, ID Probate Information
Quick facts
| Topic | Cassia County detail |
|---|---|
| Court | Magistrate division of the district court at the Cassia County Judicial Center, handling probate of wills and administration of estates under Idaho Code § 1-2208. |
| Filing address | Cassia County Judicial Center, 1559 Overland Avenue, Burley, ID 83318. |
| Mailing address | 1559 Overland Avenue, Burley, ID 83318. No separate mailing box is listed for the Judicial Center. |
| Phone | (208) 878-7351, clerk of the district court and Judicial Center main court line. |
| Fax | (208) 878-1010. Do not assume fax can be used for filing. |
| [email protected] for general court matters. [email protected] for district court questions. | |
| Hours | 8:30 a.m. to 5:00 p.m., Monday through Friday. No lunch closure or filing cutoff is listed. |
| Filing fee | $166.00 to open a probate in the magistrate division, effective July 12, 2024, for a petition for formal probate or an application for informal probate. The amount includes the Idaho Code § 31-3201A magistrate-division fee, the Idaho Code § 1-2003 judges' retirement fund fee, the Idaho Code § 73-213 Idaho Code fund fee, and the Idaho Code § 31-3201 civil administrative surcharge. |
| Probate forms | Ask the Court Assistance Office serving Idaho's Fifth Judicial District or the Cassia County clerk of the district court which current probate forms to use. The statewide Court Assistance Office forms library at courtselfhelp.idaho.gov/Forms does not list a probate category. |
| E-filing | Idaho uses iCourt File and Serve. Attorneys must file electronically under the Idaho Rules for Electronic Filing and Service Rule 4(a). A self-represented individual may choose electronic filing or paper filing under I.R.E.F.S. Rule 4(b), and that election has case-long consequences. For a testate estate, the original will must also be filed conventionally within seven business days under I.R.E.F.S. Rule 5(a). |
| Case search | Use the iCourt Portal at mycourts.idaho.gov. Ask the Cassia County clerk of the district court what is visible for a Cassia probate case. Access to court records is governed by Idaho Court Administrative Rule 32. |
| Remote appearance | Idaho R. Civ. P. 7.2 allows the court to hold certain hearings by telephone or video teleconference. Ask the clerk what the judge requires for your hearing. |
| Website | County district court page: https://www.cassia.gov/district-court. County magistrate division page: https://www.cassia.gov/magistrate-court. Fifth Judicial District page: https://isc.idaho.gov/district-5. |
Before you begin — know the assets and liabilities
Before filing in Cassia County, list the assets, debts, ownership titles, beneficiary designations, and any will. That inventory tells you whether estate settlement needs a court appointment, whether a collection of personal property by affidavit under Idaho Code § 15-3-1201 may fit, or whether a formal filing is safer.
Sunset's asset discovery searches more than 2,300 financial institutions, insurance companies, brokerages, and other sources so families can start estate settlement with a clearer picture of what exists before they choose the Cassia County filing path.
Which court handles jurisdiction
Idaho has no separate court for decedents' estates: probate is a case class assigned to the magistrate division of the district court, which sits in every one of Idaho's 44 counties, and a magistrate judge hears it (Idaho Const. art. V, § 20; Idaho Code § 1-2201, § 1-2208). The papers are filed with the clerk of the district court at the Cassia County Judicial Center.
Cassia County is in Idaho's Fifth Judicial District with Blaine, Camas, Gooding, Lincoln, Jerome, Minidoka, and Twin Falls Counties (Idaho Code § 1-806). The district organizes judges and local administration, but a Cassia County estate is filed in Burley.
Venue for the first informal or formal estate proceeding is the county where the decedent was domiciled at death, or, if the decedent was not domiciled in Idaho, a county where the decedent's property was located (Idaho Code § 15-3-201).
The jurisdiction process
- Identify the correct local filing counter. In Cassia County, take or send probate papers to the clerk of the district court at the Cassia County Judicial Center, 1559 Overland Avenue, Burley, ID 83318.
- Choose the opening path. Use an application for informal probate when the informal route fits and the registrar, a magistrate judge or district judge, can act under Idaho Code § 15-1-307 and § 15-3-302. Use a petition for formal probate when the matter needs a judge with notice under Idaho Code § 15-1-201 and Title 15, chapter 3, part 4.
- Prepare the filing packet. Include the application or petition, the original will if there is one, proposed letters testamentary or letters of administration as the case requires under Idaho Code § 15-1-201, and any supporting papers the Cassia County clerk of the district court or Court Assistance Office tells you to include.
- File electronically or on paper as the rules allow. Attorneys must use iCourt File and Serve under the Idaho Rules for Electronic Filing and Service Rule 4(a). A self-represented individual may use iCourt File and Serve or file on paper under I.R.E.F.S. Rule 4(b), and a testate filing still requires conventional filing of the original will within seven business days under I.R.E.F.S. Rule 5(a).
- Pay the opening filing fee. The probate filing fee is $166.00, effective July 12, 2024, for an application for informal probate or petition for formal probate in the magistrate division, with statutory components including Idaho Code § 31-3201A, § 1-2003, § 73-213, and § 31-3201.
- Handle notice and hearing issues. Formal probate is conducted before a judge with notice to interested persons under Idaho Code § 15-1-201 and Title 15, chapter 3, part 4. Formal testacy proceedings begin under Idaho Code § 15-3-401, and Idaho also has an uncontested formal testacy route listed at Idaho Code § 15-3-405. Ask the Cassia County clerk how the Fifth Judicial District sets any hearing.
- Ask before planning a remote appearance. Idaho R. Civ. P. 7.2 allows certain hearings by telephone or video teleconference, but the court controls whether that is allowed in a particular matter. In a surviving-spouse summary administration, the petitioner may move to appear telephonically or file affidavits instead of appearing under Idaho Code § 15-3-1205.
- Obtain authority before acting for the estate. A personal representative must be appointed, qualify, and be issued letters before exercising estate administration powers, and administration begins with issuance of letters under Idaho Code § 15-3-103.
- Administer and close the estate. After appointment, the personal representative prepares an inventory within three months and sends it to interested persons who request it, with court filing optional under Idaho Code § 15-3-706. Idaho permits notice to creditors by publication once a week for three successive weeks to start a four-month claims period, with mailed or delivered notice using the later of four months after first publication or 60 days after mailing or delivery under Idaho Code § 15-3-801.
Forms and documents
Probate forms in Cassia County
Ask the Court Assistance Office serving Idaho's Fifth Judicial District or the Cassia County clerk of the district court which current probate forms to use before you file. The statewide Court Assistance Office forms library at courtselfhelp.idaho.gov/Forms lists many case categories, but it does not list a probate category, so do not treat that library as a complete Cassia probate packet.
Cassia County's Court Assistance resources are useful for contact and document review information, but the county's own Court Assistance page names divorce, domestic violence, small claims, and landlord or tenant matters, not probate. A personal representative or attorney should prepare the application for informal probate under Idaho Code § 15-3-301 or the petition for formal probate under Idaho Code § 15-3-402, using the current forms or instructions the clerk or Court Assistance Office provides.
Local nuance
Cassia County-specific considerations
| Local point | Why it matters |
|---|---|
| Use the Judicial Center for probate filing | Cassia County has two separate buildings on Overland Avenue. Probate filings go to the Cassia County Judicial Center at 1559 Overland Avenue, Burley, ID 83318. |
| Do not go to the 1459 Overland Avenue building for a probate filing | The Cassia County Courthouse at 1459 Overland Avenue is listed by the county for non-court business. The county lists court-related services at the Judicial Center. |
| Electronic filing is emphasized locally | Cassia County's magistrate division page emphasizes electronic filings. Statewide Electronic Filing and Service Rule 4 still controls: attorneys must file electronically, while a self-represented individual may choose iCourt File and Serve or paper filing. |
| Local Court Assistance contact is separate | The Court Assistance Office for Cassia County is at the Judicial Center. The local direct number is (208) 878-4298, and the general extension listed for Cassia is (208) 878-7351 ext. 7104. |
Recent updates
Scenarios
| Situation | Likely Cassia County path | Where Sunset helps |
|---|---|---|
| Surviving spouse w/ co-owned home | Start by confirming title, beneficiary designations, and whether the spouse is the sole beneficiary. If Idaho Code § 15-3-1205 fits, the surviving spouse route can address property through a petition, but the spouse assumes liability for indebtedness that might be a claim against the estate. | Sunset helps collect account information, organize the home and debt picture, and generate questions for the clerk or attorney before filing in Burley. |
| Out-of-state adult child w/ small estate | If the estate is personal property and the statutory conditions fit, Idaho's collection of personal property by affidavit may be presented after 30 days under Idaho Code § 15-3-1201. If a court appointment is needed, file in Cassia County if venue is proper under Idaho Code § 15-3-201. | Sunset helps identify accounts, locate insurance and financial assets, and prepare a filing checklist so travel to Burley is planned around what the clerk needs. |
| Parent settling predeceased child's estate, home must be sold | If real property must be transferred or sold and no noncourt transfer handles it, open an estate in the magistrate division of the district court under Idaho Code § 1-2208. If there is no will, the appointed personal representative may receive letters of administration under Idaho Code § 15-1-201 and § 15-3-103. | Sunset assembles asset information, organizes debts and real property details, and can connect the family with a Cassia County probate attorney for sale-related questions. |
Self-help resources
| Resource | How it helps | Contact |
|---|---|---|
| Court Assistance Office for Cassia County | Offers court forms resources, document review, and legal information for people representing themselves through the Idaho Court Assistance Office system at courtselfhelp.idaho.gov. It is not a lawyer for the estate. | 1559 Overland Avenue, Burley, ID 83318. Local direct phone: (208) 878-4298. General extension: (208) 878-7351 ext. 7104. Fax: (208) 878-1003. |
| Fifth Judicial District Court Assistance Officer | Districtwide Court Assistance contact for the Fifth Judicial District, based in Twin Falls and serving multiple counties, including Cassia. | 427 Shoshone St North, P.O. Box 126, Twin Falls, ID 83303. Phone: (208) 736-4136. Fax: (208) 736-4002. |
| Idaho Legal Aid Services | Statewide civil legal aid intake. Its listed service areas do not include probate administration, so ask directly whether any help is available for your situation. | Legal Advice Line: 208-746-7541. |
| Idaho Volunteer Lawyers Program | Provides civil legal advice and clinics through volunteer attorneys. It is not an emergency program and does not provide staff attorneys for every matter. | ilf.idaho.gov/ivlp/legal-assistance/. |
| Idaho State Bar Lawyer Referral Service | Refers callers to Idaho State Bar members. The referral page states a $35 referral fee as published by the Idaho State Bar, with an initial consultation of up to one half-hour at no fee. | Idaho State Bar, (208) 334-4500. |
| Idaho State Law Library | State law library for legal research materials. | 501 W. Front Street, Boise, ID 83702-7232. Phone: (208) 364-4555. isll.idaho.gov. |
When to hire an attorney
A lawyer is most useful when heirs disagree, the will may be challenged, real property must be sold, a creditor issue is significant, the decedent owned property outside Idaho, or you are unsure whether the Cassia filing should be informal, formal, or another Title 15 route. Sunset connects families with a vetted attorney.
How Sunset helps
Find the accounts and assets. Sunset searches more than 2,300 institutions and organizes the results so the family can see what may need probate, what may pass outside probate, and what questions remain for estate settlement.
Generate the probate packet. Sunset turns the information you provide into an organized probate packet and checklist for the Cassia County clerk of the district court, including reminders about original wills, letters, notices, and local filing details.
Find a local probate attorney. When the estate needs legal judgment, Sunset can connect the family with a vetted Idaho probate attorney who understands filings in the magistrate division of the district court.
Sunset is free for families. Sunset helps families move estate settlement forward without charging them for the core organizing tools.
Frequently asked questions
Where do I file probate in Cassia County?
File with the clerk of the district court at the Cassia County Judicial Center, 1559 Overland Avenue, Burley, ID 83318. The nearby 1459 Overland Avenue building is the Cassia County Courthouse for non-court county business, not the probate filing counter.
Does Cassia County use the magistrate division for probate?
Yes. Idaho assigns probate of wills and administration of estates to the magistrate division of the district court, and a magistrate judge hears probate matters (Idaho Code § 1-2208). Cassia County's own magistrate division page lists probate among its included matters.
Can I e-file a Cassia County probate case?
Idaho courts use iCourt File and Serve. Attorneys must file electronically under the Idaho Rules for Electronic Filing and Service Rule 4(a). A self-represented individual may use electronic filing but is not required to choose it under I.R.E.F.S. Rule 4(b), and a self-represented filer who chooses electronic filing must keep using it for the life of the case unless the court allows withdrawal.
What if there is an original will?
If a testate estate is e-filed, the original will must also be filed conventionally within seven business days under I.R.E.F.S. Rule 5(a). Ask the Cassia County clerk of the district court how to deliver the original will to the Judicial Center.
How much is the Cassia County probate filing fee?
The opening filing fee is $166.00, effective July 12, 2024, for a petition for formal probate or an application for informal probate in the magistrate division. The amount includes statutory components under Idaho Code § 31-3201A, § 1-2003, § 73-213, and § 31-3201.
Are Cassia County probate forms online?
Do not rely on the statewide Court Assistance Office forms library at courtselfhelp.idaho.gov/Forms as a probate packet, because that library does not list a probate category. Ask the Court Assistance Office serving Idaho's Fifth Judicial District or the Cassia County clerk of the district court which current probate forms to use.
Can I look up a Cassia County probate case online?
Idaho provides the iCourt Portal at mycourts.idaho.gov for online case information and payments. Ask the Cassia County clerk of the district court what information is visible for a particular probate case, because access to court records is governed by Idaho Court Administrative Rule 32.
Can I attend a Cassia County probate hearing by video or phone?
Idaho R. Civ. P. 7.2 allows the court to hold certain hearings by telephone or video teleconference, but the court decides whether remote participation is allowed in a particular matter. For a surviving-spouse summary administration, Idaho Code § 15-3-1205 allows a motion to appear telephonically or affidavits in place of appearance.
Do I have to travel to Burley to handle estate settlement?
You may be able to handle some steps by mail, paper filing, electronic filing, or attorney appearance, but the clerk should confirm what is required for your case. If the matter uses Idaho Code § 15-3-1205, the statute includes a remote or affidavit option for that route.
Shaped by the families we've helped
Thank you to the thousands of families who have trusted Sunset to help settle their loved ones' estates. This page is shaped by the questions they actually asked and the obstacles they actually hit — and that hard-won experience is what keeps it accurate, current, and genuinely useful to the families who come next.