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Clark County, ID Probate Information
Quick facts
| Item | Clark County information |
|---|---|
| Court | The magistrate division of the district court at the Clark County Courthouse (Idaho Code § 1-2208) |
| Courthouse address | Clark County Courthouse, 224 West Main, Dubois, ID 83423 |
| Mailing address | PO Box 205, Dubois, ID 83423 |
| Phone | The Idaho Judiciary directory lists (208) 374-5402. Clark County's own clerk page lists (208) 374-5304 for the clerk's office. Try the other number if one does not connect. |
| Hours | Clark County does not post clerk counter hours on its clerk or district court pages. Call before traveling to Dubois. |
| Filing fee | $166.00 to open an application for informal probate (Idaho Code § 15-3-302) or a petition for formal probate (Idaho Code § 15-3-401), under Appendix A effective July 12, 2024. The amount includes the magistrate-division filing fee under Idaho Code § 31-3201A and statewide additions under Idaho Code § 1-2003, § 73-213 and § 31-3201. |
| Local forms | Clark County does not post a county-specific probate packet on its clerk or district court pages. Check the Court Assistance Office at courtselfhelp.idaho.gov before drafting. |
| E-filing | Attorneys must use Idaho's electronic filing system. Self-represented parties may use iCourt File and Serve or may file on paper under the Idaho Rules for Electronic Filing and Service Rule 4. In a testate estate, the original will must also be filed conventionally within seven business days under Rule 5(a). |
| Case search | Use the iCourt Portal at mycourts.idaho.gov. Access to court records is governed by Idaho Court Administrative Rule 32. |
| Remote appearance | Idaho R. Civ. P. 7.2 allows certain hearings by telephone or video teleconference when the court permits it. The Seventh Judicial District does not post a Clark County Zoom block. |
| Website | Clark County clerk page: https://www.clark-co.id.gov/clerk. Idaho courthouse directory: https://isc.idaho.gov/about-the-courts/county-courthouse-directory. |
Before you begin — know the assets and liabilities
Before you file anything in Clark County, list the accounts, real estate, vehicles, debts, beneficiary designations and co-owned property. Idaho venue turns on the decedent's domicile for the first proceeding (Idaho Code § 15-3-201), so asset location and domicile both matter at the start of an estate settlement.
Sunset's estate settlement tools help families search across more than 2,300 financial institutions, organize liabilities and identify what may need court authority before a filing is made in Dubois.
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 Clark County Courthouse.
Clark County is in Idaho's Seventh Judicial District with Lemhi, Custer, Butte, Fremont, Jefferson, Madison, Teton, Bonneville and Bingham Counties (Idaho Code § 1-808). The judicial district organizes judges and local rules; it does not move a Clark County filing to another county.
Venue for the first Idaho 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 probate and nonprobate property, debts and the decedent's domicile. If the only property to collect fits Idaho's collection of personal property by affidavit route, the claiming successor presents the affidavit to the holder after 30 days, rather than opening a case, under Idaho Code § 15-3-1201.
- Decide whether the filing is an application for informal probate (Idaho Code § 15-3-302), a petition for formal probate (Idaho Code § 15-3-401), or another Idaho Code Title 15 route. Use the Clark County Courthouse in Dubois if Clark County is the proper venue (Idaho Code § 15-3-201).
- Prepare the application or petition and supporting documents. Attorneys file through iCourt File and Serve; self-represented parties may use File and Serve or file on paper under the Idaho Rules for Electronic Filing and Service Rule 4. If there is an original will, file the original conventionally within seven business days under Rule 5(a).
- File with the clerk of the district court at the Clark County Courthouse, 224 West Main, Dubois, ID 83423, or mail the filing to PO Box 205, Dubois, ID 83423. Call ahead because Clark County does not post clerk counter hours.
- Pay the $166.00 filing fee, Appendix A effective July 12, 2024, for an informal or formal probate filing. The fee is tied to Idaho Code § 31-3201A, with additions under Idaho Code § 1-2003, § 73-213 and § 31-3201.
- For an informal proceeding, the registrar, meaning a magistrate judge or district judge, reviews the filing and issues the written statement of informal probate or appointment order when the Idaho Code requirements are met (Idaho Code § 15-1-307, § 15-3-302, § 15-3-307). For formal probate, the matter proceeds before a judge with notice to interested persons (Idaho Code § 15-1-201, § 15-3-401).
- After appointment, use the letters testamentary or letters of administration to collect assets and deal with institutions (Idaho Code § 15-1-201, § 15-3-103). Idaho Code § 15-3-801 lets a personal representative publish notice to creditors once a week for three successive weeks, which starts a four months claim period from first publication and a 60 days mailed-notice rule for creditors who receive written notice.
- Prepare the inventory within three months after appointment, send a copy to interested persons who request it, and decide whether to file the original with the court (Idaho Code § 15-3-706). Administer the estate, resolve claims, distribute property and complete the closing steps that fit the case.
Forms and documents
Probate forms in Clark County
Clark County does not post a county-specific probate packet on its clerk page or its district court page. The Court Assistance Office at courtselfhelp.idaho.gov has a statewide forms library, but the public Forms page does not present a probate category for Clark County.
Idaho has a probate Pb form series after statewide updates, so ask the Court Assistance Office which Pb forms, if any, fit the filing before you draft. A personal representative or attorney should prepare the application or petition from Idaho Code Title 15, chapter 3 and the Idaho Rules for Electronic Filing and Service.
Recent updates
Scenarios
| Situation | Likely Clark County path | Where Sunset helps |
|---|---|---|
| Surviving spouse with a co-owned home | Start by identifying how title is held and whether a court order is needed. Idaho has a surviving-spouse summary administration route when the surviving spouse is the sole beneficiary, and that route includes a telephonic appearance option and a liability rule for debts (Idaho Code § 15-3-1205). | Sunset helps collect asset details, flag co-owned property and prepare questions for a Clark County filing or an attorney review. |
| Out-of-state adult child with a small estate | If the estate has only qualifying personal property, the collection of personal property by affidavit may be available after 30 days if the probate estate is within the $100,000 limit and the other Idaho Code requirements are met (Idaho Code § 15-3-1201). If a case is needed, file in Clark County only if venue is proper under Idaho Code § 15-3-201. | Sunset helps find accounts, estimate probate assets and generate an organized packet so you can call the Clark County clerk with specific questions. |
| Parent settling a predeceased child's estate, home must be sold | Real property usually requires court authority unless a separate nonprobate transfer controls. A Clark County filing may be informal probate (Idaho Code § 15-3-302) or formal probate (Idaho Code § 15-3-401), depending on the estate and any disputes. | Sunset organizes asset discovery, creditor information and document collection, then connects the family with a local probate attorney when a sale or title issue needs legal work. |
Self-help resources
| Resource | How it helps Clark County families | Contact |
|---|---|---|
| Seventh Judicial District Court Assistance Office | Provides court forms, document review and legal information for people representing themselves. The Clark County local page lists 320 West Main, Dubois, ID 83423. The district page lists hours for the Court Assistance Office as Monday through Friday, 8:00 a.m. to noon and 1:00 to 5:00 p.m., excluding holidays. | (208) 589-9872. Local page: https://courtselfhelp.idaho.gov/Local/Clark. District page: https://isc.idaho.gov/district-7/family-court/court-assistance-office. |
| Idaho Legal Aid Services | Statewide civil legal aid intake. It does not promise probate administration representation, so ask about eligibility and scope. | Legal Advice Line: 208-746-7541. Apply online at https://www.idaholegalaid.org/apply-for-help. |
| Idaho Volunteer Lawyers Program | Offers advice and consultation through volunteer attorneys for qualifying civil legal issues. It is not an emergency program. | https://ilf.idaho.gov/ivlp/legal-assistance/ |
| Idaho State Law Library | Public law library operated under joint management of the Idaho Supreme Court and the University of Idaho College of Law. | 501 W. Front Street, Boise, ID 83702-7232. (208) 364-4555. https://isll.idaho.gov |
When to hire an attorney
Counsel is worth considering when the estate includes real property, a sale, unclear heirs, creditor disputes, a will contest, a nonresident decedent, or questions about Idaho community property. Clark County does not post a local probate packet, so legal help can also reduce filing errors. Sunset connects families with a vetted attorney.
How Sunset helps
Find the accounts and assets. Sunset searches across more than 2,300 financial institutions and helps identify what belongs in the estate settlement, what may pass outside probate and what needs follow-up before filing in Clark County.
Generate the probate packet. Sunset turns the information you collect into an organized probate packet for review, including asset lists, family information and filing details tailored to the Clark County Courthouse in Dubois.
Find a local probate attorney. When a sale, creditor issue, title problem or contested family situation needs legal work, Sunset helps connect you with a vetted probate attorney familiar with Idaho estate settlement.
Sunset is free for families. Families can use Sunset to organize the process, find assets and decide what help they need without paying Sunset a fee.
Frequently asked questions
Where do I file probate for a Clark County, Idaho estate?
File with the clerk of the district court at the Clark County Courthouse, 224 West Main, Dubois, ID 83423, if Clark County is the correct venue. Idaho venue is based on the decedent's domicile at death, or, for a non-Idaho decedent, a county where property was located (Idaho Code § 15-3-201).
Which phone number should I use for the Clark County clerk?
The Idaho Judiciary directory lists (208) 374-5402. Clark County's own clerk page lists (208) 374-5304. Because both numbers are published for the same office, try the other number if one does not connect.
Can I e-file a Clark County probate case?
Attorneys must e-file through Idaho's electronic filing system under the Idaho Rules for Electronic Filing and Service Rule 4(a). A self-represented party may choose iCourt File and Serve or may file on paper under I.R.E.F.S. Rule 4(b), but a self-represented filer who chooses electronic filing generally must keep using it for the life of the case unless the court allows withdrawal.
What if the estate has an original will?
Even when a testate estate is e-filed, I.R.E.F.S. Rule 5(a) requires the original will to be filed conventionally within seven business days. Call the clerk of the district court in Clark County before mailing or bringing the original will.
Does Clark County have probate forms online?
Clark County does not post a county-specific probate packet on its clerk or district court pages. The Court Assistance Office at courtselfhelp.idaho.gov provides forms and document review, and you should ask which Idaho probate Pb forms, if any, fit your filing.
How much does it cost to open probate in Clark County?
The opening filing fee is $166.00 under Appendix A effective July 12, 2024, for an informal probate application or formal probate petition. The fee includes the magistrate-division amount under Idaho Code § 31-3201A and additions under Idaho Code § 1-2003, § 73-213 and § 31-3201.
Can I look up a Clark County probate case online?
Idaho uses the iCourt Portal at mycourts.idaho.gov for online records and payments. What is visible for a particular Clark County probate case depends on access rules, including Idaho Court Administrative Rule 32.
Do I have to travel to Dubois for a hearing?
Ask the clerk before you travel. Idaho R. Civ. P. 7.2 allows certain hearings by telephone or video teleconference when the court permits it, but the Seventh Judicial District does not post a Clark County Zoom block. A surviving-spouse summary administration has its own telephonic appearance option under Idaho Code § 15-3-1205.
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.