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Lemhi County, ID Probate Information
Quick facts
| Item | Lemhi County information |
|---|---|
| Court | The magistrate division of the district court at the Lemhi County Courthouse. Probate is assigned to the magistrate division, and a magistrate judge hears it (Idaho Code § 1-2208). |
| Courthouse address | Lemhi County Courthouse, 206 Courthouse Drive, Salmon, ID 83467. |
| Mailing address | Same as street address: 206 Courthouse Drive, Salmon, ID 83467. |
| Phone | Courthouse main number: (208) 742-1673. Lemhi County District Court Clerk direct line: 208-756-2815. Court Assistance Office self-help line: 208-589-9872. |
| Hours | Monday through Friday, 8:00am to 5:00pm. No midday closure or filing cutoff is published, so call the clerk before traveling. |
| Filing fee | $166.00 to open a probate in the magistrate division, whether by application for informal probate or petition for formal probate, under the Idaho Supreme Court Appendix A effective July 12, 2024. The total includes the $120 magistrate-division filing fee (Idaho Code § 31-3201A), $26 judges' retirement fund fee (Idaho Code § 1-2003), $10 Idaho Code fund fee (Idaho Code § 73-213) and $10 civil administrative surcharge (Idaho Code § 31-3201). Confirm the current amount with the clerk before filing. |
| Payment methods | The Lemhi County District Court Clerk page states that the Magistrate Court accepts checks, money orders, cash and credit cards, Visa and MasterCard. |
| Local forms | Lemhi County does not post a county probate packet, cover sheet or checklist. The Court Assistance Office forms page at courtselfhelp.idaho.gov/Forms lists no probate category. |
| Electronic filing | Attorneys must file electronically under the Idaho Rules for Electronic Filing and Service. A self-represented personal representative may use iCourt File and Serve or file on paper with the clerk (I.R.E.F.S. Rule 4). If a will is involved and the case is filed electronically, the original will and the pleading attached to it must also be filed conventionally within seven business days (I.R.E.F.S. Rule 5(a)). |
| 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 | Idaho R. Civ. P. 7.2 allows the court to hold certain hearings by telephone or video teleconference. No Lemhi County probate hearing day or local remote practice is published. |
| Website | Lemhi County District Court Clerk: https://www.lemhicountyidaho.org/263/District-Court-Clerk |
Before you begin — know the assets and liabilities
Before you file in Lemhi County, make a working list of the decedent's assets, debts, titled property, beneficiary designations and co-owned accounts. The right estate settlement path depends on what property actually needs court authority, not just on whether there is a will.
Sunset can help search for accounts across more than 2,300 financial institutions, organize the asset picture and prepare the information a personal representative needs before contacting the Lemhi County Clerk of the District Court or an 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 Lemhi County Courthouse in Salmon.
Lemhi County is in Idaho's Seventh Judicial District with Custer, Butte, Clark, Fremont, Jefferson, Madison, Teton, Bonneville and Bingham Counties (Idaho Code § 1-808). The district organizes judges and local rules; it does not move a Lemhi County estate filing to another county. Under Idaho's venue rule, the first informal or formal estate proceeding is filed in the county where the decedent had domicile, or, for a non-Idaho decedent, in an Idaho county where the decedent's property was located (Idaho Code § 15-3-201).
The Seventh Judicial District has seven district judges, with resident chambers in Madison, Bingham, Bonneville and Jefferson Counties and none in Lemhi County (Idaho Code § 1-808). That statute addresses district judges' chambers, not where a magistrate judge sits for a particular Lemhi County probate matter.
The jurisdiction process
- Identify the assets, debts and interested persons. Confirm whether the decedent was domiciled in Lemhi County for venue under Idaho Code § 15-3-201.
- Choose the opening route. Use an application for informal probate when the matter can proceed through the registrar, or a petition for formal probate when a judge proceeding is needed (Idaho Code § 15-3-302; Idaho Code § 15-3-401).
- Prepare the filing. Idaho's registrar is a magistrate judge or district judge, not the clerk, and the registrar makes the findings for informal probate and informal appointment (Idaho Code § 15-1-307; Idaho Code § 15-3-302; Idaho Code § 15-3-307).
- File with the clerk of the district court at the Lemhi County Courthouse, 206 Courthouse Drive, Salmon, ID 83467. Attorneys file electronically under the Idaho Rules for Electronic Filing and Service; self-represented parties may use iCourt File and Serve or paper filing under I.R.E.F.S. Rule 4.
- Pay the opening filing fee. The ordinary opening fee is $166.00 under the Idaho Supreme Court Appendix A effective July 12, 2024, with the statutory components in Idaho Code § 31-3201A, § 1-2003, § 73-213 and § 31-3201. If a self-represented paper filer needs court mail service, designated mail service fees are paid to the clerk under the Idaho Rules for Electronic Filing and Service.
- If a will is involved and the case is filed electronically, file the original will and the pleading attached to it conventionally within seven business days under I.R.E.F.S. Rule 5(a).
- Handle notice and hearing requirements for the chosen route. Formal proceedings are conducted before a judge with notice to interested persons, and Idaho provides an express path for uncontested formal testacy proceedings (Idaho Code § 15-1-201; Idaho Code § 15-3-405).
- Ask the court about any remote appearance permission. Idaho R. Civ. P. 7.2 allows certain hearings by telephone or video teleconference at the court's discretion. A surviving-spouse summary administration may allow the petitioner to appear telephonically or submit affidavits, with the debt-liability rule in Idaho Code § 15-3-1205.
- After appointment, obtain the letters testamentary or letters of administration that show the personal representative's authority (Idaho Code § 15-1-201; Idaho Code § 15-3-103).
- Administer and close the estate. Within three months after appointment, the personal representative prepares an inventory, sends a copy to interested persons who request it, and may file the original with the court (Idaho Code § 15-3-706). Idaho lets the personal representative publish notice to creditors to start the four-month claim period described in Idaho Code § 15-3-801.
Forms and documents
Probate forms in Lemhi County
Idaho's Court Assistance Office at courtselfhelp.idaho.gov/Forms lists statewide court form categories for matters such as divorce, custody, guardianship, conservatorship, name change, protection orders and small claims. That statewide page lists no probate category, and Lemhi County does not post a county probate packet, cover sheet or checklist on its District Court Clerk page or its Court Assistance Office page.
A personal representative or an attorney drafts the application for informal probate or the petition for formal probate from Idaho Code Title 15, chapter 3. A Court Assistance Office Pb probate form series may exist in Idaho, but no Lemhi County Pb-series probate form was posted in the Lemhi County materials reviewed for this page.
The Court Assistance Office for Lemhi County may provide resources, court forms, document review and legal information to people representing themselves, but it does not provide legal advice. The Court Assistance Office page for Lemhi County is https://courtselfhelp.idaho.gov/Local/Lemhi.
Recent updates
Scenarios
| Scenario | Likely Lemhi County path | Where Sunset helps |
|---|---|---|
| Surviving spouse with co-owned home | Start by confirming how the home is titled and whether any asset needs letters. If the surviving spouse is the sole beneficiary, ask whether summary administration under Idaho Code § 15-3-1205 fits, including the rule that the spouse assumes liability for estate debts. | Sunset organizes the asset list, flags accounts that may pass outside court authority and helps prepare questions for a Lemhi County filing or attorney review. |
| Out-of-state adult child with small estate under Idaho Code § 15-3-1201 | If the estate consists only of personal property subject to probate and fits Idaho Code § 15-3-1201, the claiming successor may be able to present the collection affidavit to the holder of the property after the statutory 30 days. If letters are needed, file in Lemhi County if venue is proper under Idaho Code § 15-3-201. | Sunset helps identify accounts, estimate which property needs court authority and create an estate settlement task list before the adult child decides whether to travel or file by paper or iCourt File and Serve. |
| Parent settling predeceased child's estate, home must be sold | A sale of a home commonly requires court authority through a personal representative. File the application or petition with the Lemhi County Clerk of the District Court, then use letters testamentary or letters of administration to work with title, buyers and creditors (Idaho Code § 15-1-201; Idaho Code § 15-3-103). | Sunset helps assemble asset information, generate a probate packet from the family details and connect the parent with a local probate attorney when a real-estate sale needs legal support. |
Self-help resources
| Resource | How it helps | Contact |
|---|---|---|
| Court Assistance Office for Lemhi County | Provides self-help resources, court forms, document review and legal information through the Idaho Supreme Court Court Assistance Office at courtselfhelp.idaho.gov. The page does not list probate among its form categories. | 206 Courthouse Drive, Salmon, ID 83467. Phone: 208-589-9872. Page: https://courtselfhelp.idaho.gov/Local/Lemhi. |
| Seventh Judicial District Court Assistance Office | Uses the same self-help phone number listed for Lemhi County and serves the Seventh Judicial District. The district page lists family law and small claims topics, not probate administration. | 605 N. Capital Avenue, Idaho Falls, ID 83402. Calls and texts: 208-589-9872. Page: https://isc.idaho.gov/district-7/family-court/court-assistance-office. |
| Idaho Legal Aid Services | Statewide civil legal aid intake. Its Legal Advice Line is 208-746-7541, and its listed service areas do not include probate administration. | Legal Advice Line: 208-746-7541. Online intake: https://www.idaholegalaid.org/apply-for-help. |
| Idaho Volunteer Lawyers Program | Offers civil legal assistance through volunteer attorneys, including advice-and-counsel clinics by appointment. It is not an emergency program, and its wills clinic is estate planning rather than estate administration. | https://ilf.idaho.gov/ivlp/legal-assistance/ |
| Idaho State Law Library | Provides legal research access and law library support under joint management of the Idaho Supreme Court and the University of Idaho College of Law. | 501 W. Front Street, Boise, ID 83702-7232. Phone: (208) 364-4555. Website: https://isll.idaho.gov. |
| Idaho State Bar Lawyer Referral Service | Connects callers with Idaho State Bar lawyers. The Idaho State Bar page lists a $35 referral fee as published in August 2026, with a half-hour initial consultation at no fee. | Idaho State Bar: (208) 334-4500. Page: https://isb.idaho.gov/lawyer-referral-service/. |
When to hire an attorney
Consider a probate attorney if the estate includes real property to sell, a dispute among heirs, creditor issues, unclear title, a will contest, tax questions or a surviving-spouse summary administration under Idaho Code § 15-3-1205. Idaho does not require every personal representative to have a lawyer, but Lemhi County does not post a complete local probate packet, so legal review can prevent delays. Sunset connects to a vetted attorney.
How Sunset helps
Find the accounts and assets. Sunset searches across more than 2,300 financial institutions to help families identify accounts, balances and leads that may affect estate settlement in Lemhi County.
Generate the probate packet. Sunset turns family and asset information into an organized probate packet for attorney review or for a self-represented filing with the Lemhi County Clerk of the District Court.
Find a local probate attorney. When the estate needs legal help, Sunset can connect the family with a vetted probate attorney familiar with Idaho filings and county practice.
Sunset is free for families. Families can use Sunset to organize the estate settlement process, understand next steps and decide when court filing or legal help is needed.
Frequently asked questions
Where do I file probate for a Lemhi County resident?
File with the clerk of the district court at the Lemhi County Courthouse, 206 Courthouse Drive, Salmon, ID 83467. Venue is based on the decedent's domicile, or, for a non-Idaho decedent, an Idaho county where the decedent's property was located (Idaho Code § 15-3-201).
What phone number should I call for Lemhi County probate questions?
Use the Lemhi County District Court Clerk direct line, 208-756-2815, for filing questions. The courthouse main number is (208) 742-1673. For self-help information through the Court Assistance Office at courtselfhelp.idaho.gov, call 208-589-9872.
Can I file electronically in Lemhi County?
Attorneys must file electronically under the Idaho Rules for Electronic Filing and Service. A self-represented personal representative may use iCourt File and Serve or file on paper with the clerk under I.R.E.F.S. Rule 4, and a self-represented filer who chooses electronic filing must keep using it for the life of the case unless the court allows withdrawal. The vendor notice dated December 15, 2023 lists a $5.00 electronic filing fee charged by the system vendor.
What happens if there is an original will?
If a will is involved and the probate case is filed electronically, the original will and the pleading attached to it must also be filed conventionally within seven business days under I.R.E.F.S. Rule 5(a). Call the Lemhi County Clerk of the District Court before mailing or bringing the original will.
How much is the Lemhi County probate filing fee?
The ordinary opening filing fee is $166.00 under the Idaho Supreme Court Appendix A effective July 12, 2024. The statutory components are in Idaho Code § 31-3201A, § 1-2003, § 73-213 and § 31-3201. The clerk should confirm the current amount before you file.
Are there Lemhi County probate forms online?
Lemhi County does not post a county probate packet, cover sheet or checklist. The Court Assistance Office at courtselfhelp.idaho.gov/Forms lists no probate category, so the application for informal probate or petition for formal probate is drafted from Idaho Code Title 15, chapter 3.
Can I look up a Lemhi County probate case online?
Idaho uses the statewide iCourt Portal at https://mycourts.idaho.gov/odysseyportal/ for online records and payments. Access to court records is governed by Idaho Court Administrative Rule 32, and the clerk can explain what is available for a particular Lemhi County case.
Will I need to travel to Salmon for a hearing?
Ask the Lemhi County Clerk of the District Court after the case is filed. Idaho R. Civ. P. 7.2 allows the court to hold certain hearings by telephone or video teleconference, but the decision is the court's. For summary administration where a surviving spouse is the sole beneficiary, Idaho Code § 15-3-1205 allows a motion to appear telephonically or affidavits instead of appearance, with the statute's debt-liability rule.
Does Idaho collect inheritance tax or estate tax for a Lemhi County estate?
Idaho has no gift tax or inheritance tax, and its estate tax for deaths expired in 2004 according to the Idaho State Tax Commission at tax.idaho.gov. Idaho Code Title 14, chapter 4, the estate and transfer tax chapter, is repealed. An estate may still owe federal tax and may still have to file an income tax return for the estate.
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.