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Clearwater County, ID Probate Information
Quick facts
| Item | Clearwater County information |
|---|---|
| Court | The magistrate division of the district court at the Clearwater County Courthouse. Probate is assigned to the magistrate division under Idaho Code § 1-2208. |
| Courthouse address | 150 Michigan Ave, Room 201, Orofino, ID 83544. |
| Mailing address | PO Box 586, Orofino, ID 83544. |
| Phone | Clearwater County's clerk of the district court page lists (208) 476-5596. The Idaho judiciary listing also lists (208) 476-5615 for Clearwater, so try that number if the first does not connect. |
| Fax | (208) 476-8910. Ask the clerk before sending any filing by fax. |
| Hours | 8:00 a.m. to 5:00 p.m., Monday through Friday. No midday closure or filing cutoff is published on the clerk's page. |
| Filing fee | $166.00 to open a probate in the magistrate division, effective July 12, 2024, whether by petition for formal probate or application for informal probate. The amount includes the $120 magistrate-division filing fee, the $26 judges' retirement fund fee, a $10 Idaho Code fund fee and a $10 civil administrative surcharge reflected in the same July 12, 2024 schedule (Idaho Code § 31-3201A, § 1-2003, § 73-213, § 31-3201). |
| Local forms | The Clearwater County clerk and Court Assistance Office pages do not post a Clearwater-specific probate packet. Check Court Assistance Office materials at https://courtselfhelp.idaho.gov/Forms and ask the clerk whether a Pb probate form is required for your filing. |
| E-filing | Attorneys must use Idaho's iCourt electronic filing system. A self-represented personal representative may use iCourt File and Serve or may file on paper with the clerk; if a self-represented filer chooses electronic filing, that choice continues for the case unless the court allows withdrawal (Idaho Rules for Electronic Filing and Service Rule 4). In a testate estate, the original will must also be filed on paper within seven business days (I.R.E.F.S. Rule 5(a)). The vendor's $5.00 electronic filing fee has applied since December 15, 2023. |
| Case search | Use the iCourt Portal at https://mycourts.idaho.gov/odysseyportal/. Access to court records is governed by Idaho Court Administrative Rule 32. |
| Remote appearance | Ask the clerk how the Second Judicial District handles your hearing. Idaho R. Civ. P. 7.2 allows hearings by telephone or video teleconference in specified situations, but the judge decides. For surviving-spouse summary administration, Idaho Code § 15-3-1205 allows a motion to appear telephonically or the use of affidavits instead of attending. |
| Websites | Clearwater County clerk of the district court: https://www.clearwatercounty.org/departments/auditor_clerk_recorder5/clerk_of_the_district_court/index/index.php. Second Judicial District: https://isc.idaho.gov/district-2. Clearwater Court Assistance Office: https://courtselfhelp.idaho.gov/Local/Clearwater. |
Before you begin — know the assets and liabilities
Before you file in Clearwater County, list the assets, debts, title documents, beneficiary designations and likely probate property. Venue turns on the decedent's domicile, so confirm that Clearwater County is the right filing county before you prepare an application or petition (Idaho Code § 15-3-201).
Sunset can start estate settlement by searching more than 2,300 financial institutions for accounts and assets, then organizing what you find into a probate-ready inventory for the personal representative and attorney.
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 Clearwater County Courthouse in Orofino.
Clearwater County is one of five counties in Idaho's Second Judicial District, along with Latah, Nez Perce, Lewis and Idaho Counties. The Second Judicial District has four district judges, with resident chambers in Latah County, Nez Perce County and Idaho County, not Clearwater County, under Idaho Code § 1-803. That district structure organizes judges and local rules; it does not move a Clearwater County estate filing out of Orofino.
Venue for the first informal or formal testacy or appointment proceeding is in the county where the decedent was domiciled at death, or, for a non-Idaho domiciliary, in an Idaho county where the decedent's property was located (Idaho Code § 15-3-201). Orofino is the courthouse city; Weippe and Pierce are other Clearwater County communities, not separate filing locations.
The jurisdiction process
- Confirm Clearwater County venue. Use the decedent's domicile for an Idaho domiciliary, or the Idaho location of property for a non-Idaho domiciliary, before filing at the Clearwater County Courthouse (Idaho Code § 15-3-201).
- Choose the filing path and use Idaho's terms. An application opens informal probate under Idaho Code § 15-3-301 and § 15-3-302. A petition opens formal probate under Idaho Code § 15-3-401 and § 15-3-402. If the surviving spouse is the sole beneficiary, ask whether summary administration under Idaho Code § 15-3-1205 fits and note that the spouse assumes liability for estate debts under that statute.
- Prepare the application or petition, the death certificate information, the original will if there is one, and proposed documents for appointment. In an informal proceeding, the registrar, meaning a magistrate judge or district judge, makes the required findings and issues a written statement of informal probate or an order appointing the personal representative (Idaho Code § 15-1-307, § 15-3-302, § 15-3-307).
- File with the clerk of the district court in Clearwater County. Attorneys file electronically through iCourt File and Serve. A self-represented filer may use File and Serve or file on paper, but a self-represented filer who elects electronic filing must keep using it unless the court allows withdrawal (Idaho Rules for Electronic Filing and Service Rule 4). If a will is involved, the original will must also be filed on paper within seven business days (I.R.E.F.S. Rule 5(a)).
- Pay the opening filing fee. The probate opening amount is $166.00, effective July 12, 2024, for either a petition for formal probate or an application for informal probate in the magistrate division, and the amount is tied to Idaho Code § 31-3201A, § 1-2003, § 73-213 and § 31-3201. Confirm the current amount with the clerk before filing.
- Handle notice and any hearing. Formal proceedings are before a judge with notice to interested persons (Idaho Code § 15-1-201, § 15-3-401). Idaho R. Civ. P. 7.2 allows some hearings by telephone or video teleconference, but the judge decides. The Second Judicial District does not publish a Clearwater-specific Zoom block, so call before planning travel.
- Receive authority and begin administration. After appointment, the personal representative qualifies and receives letters. Idaho law uses letters testamentary when there is a will and letters of administration when there is not (Idaho Code § 15-1-201, § 15-3-103).
- Administer the estate and close it. The personal representative may publish notice to creditors to start the four-month claim period, with the 60-day mailed-notice rule where written notice is sent (Idaho Code § 15-3-801). The inventory is due within three months after appointment, must be sent to interested persons who request it, and may be filed with the court (Idaho Code § 15-3-706). Use the closing procedure that fits the estate and any court orders.
Forms and documents
Probate forms in Clearwater County
Clearwater County does not post a county-specific probate packet on the clerk or Clearwater Court Assistance Office pages. Idaho's Court Assistance Office materials are at https://courtselfhelp.idaho.gov/Forms, and the Court Assistance Office has a Pb probate form series, but a personal representative should ask the Clearwater County clerk which local documents, if any, the clerk wants with an application or petition.
Use Idaho's filing language carefully. Informal probate begins with an application (Idaho Code § 15-3-301, § 15-3-302). Formal probate begins with a petition (Idaho Code § 15-3-401, § 15-3-402). If there is an original will, I.R.E.F.S. Rule 5(a) requires the original will to be filed conventionally on paper within seven business days even if the rest of the case is filed electronically.
Local nuance
Clearwater County-specific considerations
| Local point | What it means for a Clearwater County filing |
|---|---|
| Clerk phone numbers | Use (208) 476-5596 from the Clearwater County clerk of the district court page first. The Idaho judiciary listing also prints (208) 476-5615 for Clearwater, so keep that number if the first does not connect. |
| Limited Services assistance office | The Court Assistance Office page for Clearwater is marked Limited Services. The page directs Clearwater users to the Latah County office at (208) 883-7221, and that office provides in-person appointments in Clearwater County as needed. Use https://courtselfhelp.idaho.gov/Local/Clearwater and https://courtselfhelp.idaho.gov/Local/Latah. |
| Second Judicial District structure | Clearwater County is in Idaho's Second Judicial District, but Idaho Code § 1-803 places the district judges' resident chambers in Latah, Nez Perce and Idaho Counties. File a Clearwater County estate at the Clearwater County Courthouse in Orofino, and do not assume a hearing location until the clerk tells you where and how the matter will be heard. |
Recent updates
Scenarios
| Persona | Likely Clearwater County path | Where Sunset helps |
|---|---|---|
| Surviving spouse w/ co-owned home | If the spouse is the sole beneficiary, ask whether summary administration under Idaho Code § 15-3-1205 fits. Appendix A lists $130.00 for this category, effective July 12, 2024, and Idaho Code § 31-3201A applies to the fee framework. The statute can address real property, but it also makes the surviving spouse liable for estate debts and provides that there will be no administration of the estate. | Sunset organizes deeds, account information and debts so the spouse and attorney can decide whether summary administration or an ordinary probate is safer. |
| Out-of-state adult child w/ small estate | For a small estate, check whether the collection of personal property by affidavit under Idaho Code § 15-3-1201 applies. The current ceiling is $100,000, effective July 1, 2006, for probate personal property, and the affidavit is presented to the property holder after 30 days, not opened as a court case. If a court filing is needed, call the Clearwater clerk and the Limited Services Court Assistance Office before traveling. | Sunset helps identify accounts, estimate probate assets and prepare an estate settlement packet that can be reviewed before a trip to Orofino. |
| Parent settling predeceased child's estate, home must be sold | A sale of Clearwater County real property usually requires court authority through an appointed personal representative. File the proper application or petition in Orofino, obtain letters testamentary or letters of administration under Idaho Code § 15-1-201 and § 15-3-103, and coordinate any hearing with the clerk before relying on telephone or video teleconference under Idaho R. Civ. P. 7.2. | Sunset collects asset information, creates a task list for the personal representative and can connect the family with a local probate attorney for the real-property sale. |
Self-help resources
| Resource | How to use it in Clearwater County |
|---|---|
| Court Assistance Office for Clearwater | Use https://courtselfhelp.idaho.gov/Local/Clearwater. The Clearwater page is marked Limited Services and directs users to the Latah County office at (208) 883-7221 for appointments, including in-person assistance in Clearwater County as needed. The Court Assistance Office provides legal information, court forms and document review through courtselfhelp.idaho.gov, but it does not represent you. |
| Idaho Legal Aid Services | Call the statewide Legal Advice Line at 208-746-7541. Idaho Legal Aid Services is the statewide civil legal aid provider, but probate is not one of the service areas listed on its services page, so use the intake line to ask what help may be available. |
| Idaho Volunteer Lawyers Program | Use ilf.idaho.gov/ivlp/legal-assistance/ for information about the Idaho Volunteer Lawyers Program. It provides civil legal assistance through volunteer attorneys for financially qualified applicants, and the program says the application process may take a few weeks. |
| Idaho State Law Library | Use isll.idaho.gov or call (208) 364-4555. The Idaho State Law Library is at 501 W. Front Street, Boise, ID 83702-7232, and is open 8:00 a.m. to 5:00 p.m., Monday through Friday, except weekends and legal holidays. |
When to hire an attorney
Consider hiring a probate attorney when the estate includes real property, unclear title, creditor disputes, disagreement among heirs, a nonresident decedent, tax questions or uncertainty about whether Idaho Code § 15-3-1205 summary administration is safe for a surviving spouse. Idaho does not make every personal representative hire counsel, but Clearwater County does not post a complete local probate packet for do-it-yourself filing, and an attorney can draft the application or petition, handle notice and guide estate settlement. Sunset connects families with a vetted attorney.
How Sunset helps
Find the accounts and assets. Sunset searches more than 2,300 financial institutions to help identify accounts, insurance and assets that may belong in the estate settlement plan.
Generate the probate packet. Sunset organizes the information a Clearwater County personal representative needs for the application or petition, the asset list, the debt list and attorney review.
Find a local probate attorney. When the estate needs legal advice, real-property authority or a contested filing, Sunset can connect the family with a vetted Idaho probate attorney.
Sunset is free for families. Sunset helps families move from uncertainty to an organized estate settlement plan without charging families to get started.
Frequently asked questions
Where do I file probate for a Clearwater County estate?
File with the clerk of the district court at the Clearwater County Courthouse, 150 Michigan Ave, Room 201, Orofino, ID 83544. Venue is usually the county where the decedent was domiciled at death (Idaho Code § 15-3-201).
What phone number should I use for the Clearwater County clerk?
Start with (208) 476-5596, the number on Clearwater County's clerk of the district court page. The Idaho judiciary listing also prints (208) 476-5615 for Clearwater, so keep that number as a backup.
Can I e-file a Clearwater County probate case?
Attorneys must file electronically through Idaho's iCourt system. A self-represented personal representative may use iCourt File and Serve or paper filing, but choosing electronic filing commits the self-represented filer to that method unless the court allows withdrawal (Idaho Rules for Electronic Filing and Service Rule 4). If there is a will, the original will must also be filed on paper within seven business days (I.R.E.F.S. Rule 5(a)).
How much is the Clearwater County probate filing fee?
The opening filing fee is $166.00, effective July 12, 2024, for an application for informal probate or a petition for formal probate in the magistrate division. The fee framework comes from Idaho Code § 31-3201A, § 1-2003, § 73-213 and § 31-3201. Confirm the current amount with the clerk before filing.
Does Clearwater County publish local probate forms?
The Clearwater County clerk page and the Court Assistance Office page for Clearwater do not post a Clearwater-specific probate packet. Check the Court Assistance Office forms page at courtselfhelp.idaho.gov/Forms and ask the clerk whether a Pb probate form or local cover document is needed.
Can I look up a Clearwater County probate case online?
Idaho provides the iCourt Portal at https://mycourts.idaho.gov/odysseyportal/ for statewide online records and payments. What you can view may depend on access rules, and court records access is governed by Idaho Court Administrative Rule 32.
Will I have to travel to Orofino for a hearing?
Ask the Clearwater County clerk before making travel plans. Idaho R. Civ. P. 7.2 allows hearings by telephone or video teleconference in specified situations, but the judge decides. A surviving-spouse summary administration under Idaho Code § 15-3-1205 has a specific option to move to appear telephonically or to submit affidavits instead.
What self-help is available in Clearwater County?
The Court Assistance Office page for Clearwater is marked Limited Services and points Clearwater users to the Latah County office at (208) 883-7221. That office provides appointments for Clearwater County as needed through courtselfhelp.idaho.gov.
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.