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Lewis County, ID Probate Information
Quick facts
| Item | Lewis County information |
|---|---|
| Court | The magistrate division of the district court at the Lewis County Courthouse (Idaho Code § 1-2208) |
| Courthouse address | Lewis County Courthouse, 510 Oak Street, Nezperce, ID 83543 |
| Mailing address | Same as street address: 510 Oak Street, Nezperce, ID 83543 |
| Phone | (208) 937-2661, clerk of the district court line |
| Hours | Typical clerk-counter hours are Monday through Friday, 8:00 a.m. to 5:00 p.m.; call before traveling because Lewis County did not publish a separate probate counter schedule. |
| Filing fee | $166.00 to open informal or formal probate in the magistrate division, shown in Appendix A effective July 12, 2024; the total includes charges under Idaho Code § 31-3201A, § 1-2003, § 73-213 and § 31-3201. |
| Local probate forms | The Court Assistance Office page for Lewis County at courtselfhelp.idaho.gov/Local/Lewis does not provide a local probate packet, cover sheet or checklist. Ask the clerk of the district court whether any local cover sheet is required before filing. |
| E-filing status | Attorneys must use iCourt File and Serve under the Idaho Rules for Electronic Filing and Service Rule 4(a). A self-represented personal representative may file through File and Serve or on paper under I.R.E.F.S. Rule 4(b). If a will is involved, I.R.E.F.S. Rule 5(a) requires the original will and the pleading it is attached to be filed conventionally within seven business days. |
| Case search | Use the iCourt Portal at 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 matters by telephone or video teleconference. No Lewis County probate calendar or remote-practice rule was published. |
| Court website | Second Judicial District page: https://isc.idaho.gov/district-2 |
Before you begin — know the assets and liabilities
Before you choose a filing path in Lewis County, list the assets, debts, titled property, account beneficiaries and likely heirs. Idaho venue turns on the decedent's domicile for the first estate proceeding, so a Lewis County filing belongs at the Lewis County Courthouse in Nezperce when Lewis County is the proper county under Idaho Code § 15-3-201.
Estate settlement moves faster when the asset list is complete. Sunset can search across more than 2,300 financial institutions, organize accounts and liabilities, and help you decide whether the Lewis County matter needs a court filing, attorney review or both.
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 Lewis County Courthouse in Nezperce.
Lewis County is in Idaho's Second Judicial District with Latah, Clearwater, Nez Perce and Idaho Counties (Idaho Code § 1-803). That district connection organizes judges, local rules and administration; it does not move a Lewis County estate filing to Lewiston, Moscow, Orofino or Grangeville.
Venue for the first informal or formal testacy or appointment proceeding is the county where the decedent was domiciled at death. If the decedent was not domiciled in Idaho, venue is in a county where the decedent's property was located (Idaho Code § 15-3-201).
The jurisdiction process
- Decide whether you are starting with an application for informal probate or a petition for formal probate. An informal application is tied to Idaho Code § 15-3-301 and § 15-3-302; a formal proceeding begins by petition under Idaho Code § 15-3-401 and § 15-3-402.
- Prepare the filing for the Lewis County Courthouse in Nezperce. Idaho's Court Assistance Office has court forms at courtselfhelp.idaho.gov/Forms, including a Pb probate form series, but the statewide index has no probate category and the Court Assistance Office page for Lewis County does not provide a local probate packet.
- File with the clerk of the district court in Lewis County. Attorneys must file electronically under the Idaho Rules for Electronic Filing and Service Rule 4(a). A self-represented personal representative may use iCourt File and Serve or file on paper under I.R.E.F.S. Rule 4(b). If the filing includes a will, I.R.E.F.S. Rule 5(a) requires the original will and the pleading it is attached to be filed conventionally within seven business days.
- Pay the $166.00 opening filing fee shown in Appendix A effective July 12, 2024. The amount applies to an application for informal probate or a petition for formal probate in the magistrate division and includes charges under Idaho Code § 31-3201A, § 1-2003, § 73-213 and § 31-3201.
- For an informal matter, the registrar, meaning a magistrate judge or district judge and not the clerk, makes the statutory findings and may issue the written statement of informal probate or appointment order (Idaho Code § 15-1-307, § 15-3-302, § 15-3-307).
- If a hearing is needed, ask the clerk of the district court how the Second Judicial District will set the date. Formal proceedings are before a judge with notice to interested persons, and Idaho also recognizes an uncontested formal testacy route (Idaho Code § 15-1-201, § 15-3-405).
- Ask about telephone or video teleconference before the hearing date. Idaho R. Civ. P. 7.2 allows the court to hold certain matters that way, but the decision is the court's. In a summary administration where a surviving spouse is the sole beneficiary, the petitioner may move to appear telephonically or submit affidavits instead, with the debt-liability rule in Idaho Code § 15-3-1205.
- After appointment, use the letters testamentary or letters of administration to gather estate assets. Idaho defines letters in Idaho Code § 15-1-201, and administration begins with issuance of letters under Idaho Code § 15-3-103.
- Handle creditors and the inventory. Idaho allows the personal representative to publish notice to creditors once a week for three successive weeks to start the four months claim period, with a 60 days mailed-notice rule for creditors given written notice (Idaho Code § 15-3-801). Within three months after appointment, the personal representative prepares an inventory, sends it to interested persons who request it, and may file the original with the court (Idaho Code § 15-3-706).
- Finish administration and closing steps only after assets, debts, taxes and distributions are addressed. Idaho has no inheritance tax, no estate tax and no gift tax according to tax.idaho.gov, but an estate may still have federal tax or estate income tax duties.
Forms and documents
Probate forms in Lewis County
Idaho's Court Assistance Office form library at courtselfhelp.idaho.gov/Forms includes many court forms and a Pb probate form series exists, but the statewide index does not list a probate category. The Court Assistance Office page for Lewis County at courtselfhelp.idaho.gov/Local/Lewis does not provide a local probate packet, cover sheet or checklist.
A personal representative or attorney should prepare the application or petition from Idaho Code Title 15, chapter 3, and should ask the clerk of the district court in Lewis County whether any local cover sheet or formatting instruction is required before filing.
Local nuance
Lewis County-specific considerations
Do not confuse Lewis County with Nez Perce County. Lewis County's courthouse is at 510 Oak Street in Nezperce, one word. Nez Perce County is a different county, and its courthouse is in Lewiston. Both counties are in Idaho's Second Judicial District under Idaho Code § 1-803, so the district name alone is not enough to identify the correct filing counter.
Lewis County's Court Assistance Office page is marked limited services and directs contact through the Court Assistance Office in Latah County, (208) 883-7221. That self-help contact does not replace the Lewis County clerk of the district court for filing papers at the Lewis County Courthouse.
Under Idaho Code § 1-803, the Second Judicial District has four district judges, with resident chambers in Latah County, Nez Perce County and Idaho County. That statute addresses district judges, not where Lewis County's magistrate judge sits. For a Lewis County estate, file with the clerk of the district court in Nezperce unless the court directs otherwise.
Recent updates
| Update | What it means for Lewis County |
|---|---|
| Second Judicial District website | The Idaho courts maintain a Second Judicial District page at https://isc.idaho.gov/district-2 that lists Lewis County with the Lewis County Courthouse address in Nezperce. |
| Lewis County self-help listing | The Court Assistance Office page for Lewis County at courtselfhelp.idaho.gov/Local/Lewis is marked limited services and directs contact through the Court Assistance Office in Latah County. |
Page last reviewed: August 2026.
Scenarios
| Situation | Likely Lewis County path | Where Sunset helps |
|---|---|---|
| Surviving spouse with co-owned home | Start by confirming title, beneficiaries and whether the spouse is the sole beneficiary. Idaho has a summary administration route for a surviving spouse who is the sole beneficiary, with a hearing and debt-liability rule in Idaho Code § 15-3-1205. File any court papers for Lewis County at the Lewis County Courthouse in Nezperce. | Sunset organizes deeds, accounts, debts and beneficiary information so the spouse and attorney can decide whether court action is needed. |
| Out-of-state adult child with small estate | If the estate is personal property only and the probate estate is not more than $100,000 under the amount set by S1319, 2006 Session Law Chapter 160, effective July 1, 2006, the collection of personal property by affidavit may be presented to the property holder after 30 days under Idaho Code § 15-3-1201. If a court filing is needed, use Lewis County, not Nez Perce County, when Idaho Code § 15-3-201 points to Lewis County. | Sunset helps identify accounts and decide whether the affidavit route is enough or whether a Lewis County filing is needed. |
| Parent settling predeceased child's estate, home must be sold | Real property usually requires authority from a personal representative. The parent should prepare an informal application or formal petition for Lewis County and, after appointment, use letters testamentary or letters of administration under Idaho Code § 15-1-201 and § 15-3-103 to work with title, sale and distribution issues. | Sunset assembles the asset list, drafts a probate packet and connects the family with a local probate attorney when a home sale is involved. |
Self-help resources
| Resource | How it helps | Contact |
|---|---|---|
| Court Assistance Office for Lewis County | Marked limited services. The Court Assistance Office provides court forms, document review and legal information for self-represented people, but it does not represent you or give legal advice. Lewis County's page is courtselfhelp.idaho.gov/Local/Lewis. | Lewis County Courthouse, 510 Oak Street, Room 1, Nezperce, ID 83543. Contact is routed to the Court Assistance Office in Latah County at (208) 883-7221, with Latah office hours listed as Monday through Thursday, 9:00 a.m. to 4:00 p.m. |
| Idaho Legal Aid Services | Statewide civil legal aid intake. Its service list does not promise probate administration representation. | Legal Advice Line: 208-746-7541. Online intake: https://www.idaholegalaid.org/apply-for-help |
| Idaho Volunteer Lawyers Program | Offers civil legal help through volunteer attorneys and advice-and-counsel clinics by appointment. Its wills clinic is estate planning, not estate administration. | https://ilf.idaho.gov/ivlp/legal-assistance/ |
| Idaho State Law Library | Legal research library operated under the joint management of the Idaho Supreme Court and the University of Idaho College of Law. | https://isll.idaho.gov; (208) 364-4555 |
When to hire an attorney
Consider counsel if family members disagree, the will may be challenged, the estate includes real property to sell, creditor issues are unclear, or you are unsure whether informal probate, formal probate or a surviving-spouse summary administration under Idaho Code § 15-3-1205 fits the facts. 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 locate accounts, insurance, investments and liabilities before the Lewis County estate settlement begins.
Generate the probate packet. Sunset uses the information you provide to assemble a probate packet for the magistrate division of the district court, with the Idaho Code § 1-2208 court structure and Lewis County filing location built in.
Find a local probate attorney. When the estate involves real property, disputes, unclear heirs or a formal petition under Idaho Code § 15-3-401, Sunset can connect the family with a probate attorney who understands Idaho procedure.
Sunset is free for families. Sunset helps organize estate settlement tasks, documents and next steps without charging families to get started.
Frequently asked questions
Where do I file probate for a Lewis County resident?
File with the clerk of the district court at the Lewis County Courthouse, 510 Oak Street, Nezperce, ID 83543. Idaho venue for the first estate proceeding is based on the decedent's domicile, or, for a non-Idaho decedent, a county where the decedent's property was located (Idaho Code § 15-3-201).
Is Lewis County the same as Nez Perce County?
No. Lewis County is seated in Nezperce, one word. Nez Perce County is a different county seated in Lewiston. Both are in Idaho's Second Judicial District under Idaho Code § 1-803, so use the Lewis County Courthouse address for a Lewis County estate.
Can I file a Lewis County probate electronically?
Attorneys must file electronically under the Idaho Rules for Electronic Filing and Service Rule 4(a). A self-represented personal representative may use iCourt File and Serve or file on paper under I.R.E.F.S. Rule 4(b). A self-represented filer who chooses electronic filing must keep using it for the life of the case unless the court allows withdrawal.
What happens to the original will if the case is filed electronically?
If a will is involved, I.R.E.F.S. Rule 5(a) requires the original will and the pleading it is attached to be filed conventionally within seven business days, even when the case is otherwise filed through the Idaho Rules for Electronic Filing and Service process.
How much is the Lewis County probate filing fee?
The opening filing fee is $166.00, shown in Appendix A effective July 12, 2024, for an application for informal probate or a petition for formal probate in the magistrate division. The total includes charges under Idaho Code § 31-3201A, § 1-2003, § 73-213 and § 31-3201.
Are there Lewis County probate forms online?
The Court Assistance Office has materials at courtselfhelp.idaho.gov/Forms and a Pb probate form series exists, but the statewide index has no probate category and the Court Assistance Office page for Lewis County does not provide a local probate packet. Ask the clerk of the district court whether a local cover sheet is required.
Will there be a hearing in Lewis County?
Informal probate is handled by the registrar, a magistrate judge or district judge, under Idaho Code § 15-1-307 and § 15-3-302. Formal proceedings are before a judge with notice to interested persons under Idaho Code § 15-1-201 and Title 15, chapter 3, Part 4. No Lewis County probate hearing day was published.
Can I attend a Lewis County probate hearing remotely?
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. A surviving-spouse summary administration has a separate rule allowing a motion to appear telephonically or affidavits instead of appearance, with the debt-liability rule in Idaho Code § 15-3-1205.
Can I look up a Lewis County probate case online?
Idaho provides the iCourt Portal at mycourts.idaho.gov/odysseyportal/ for online records and payments. Access to court records is governed by Idaho Court Administrative Rule 32, so call the Lewis County clerk of the district court to ask what will be visible for a particular 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.