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Nez Perce County, ID Probate Information
Quick facts
| Item | Nez Perce County details |
|---|---|
| Court | The magistrate division of the district court at the Nez Perce County Courthouse (Idaho Code § 1-2208). |
| Courthouse address | 1230 Main Street, Lewiston, ID 83501. |
| Mailing address | PO Box 896, Lewiston, ID 83501. |
| Phone | (208) 799-3020 for the Nez Perce County clerk of the district court. The Judiciary directory also lists (208) 799-3040 as a general number. |
| Hours | Courthouse general hours are 8:00 a.m. to 5:00 p.m., Monday through Friday, Pacific time. Call before travelling because the Court Assistance Office keeps narrower hours. |
| Filing fee | $166.00 to open a probate in the magistrate division, effective July 12, 2024, under the Idaho Supreme Court Appendix A schedule. The amount includes the magistrate-division filing fee and related statutory amounts (Idaho Code § 31-3201A, § 1-2003, § 73-213, § 31-3201). |
| Local forms | No Nez Perce County probate packet is posted on the county District Court page or the Court Assistance Office page for Nez Perce County. Check courtselfhelp.idaho.gov and ask the clerk whether a local cover sheet is required. |
| Electronic filing | Attorneys must e-file under the Idaho Rules for Electronic Filing and Service. A self-represented personal representative may use iCourt File and Serve but is not required to do so, and that election is generally for the life of the case (I.R.E.F.S. Rule 4). |
| Original will | If a will case is e-filed, the original will must also be filed conventionally within seven business days (I.R.E.F.S. 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 | The court may allow hearings by telephone or video teleconference under Idaho R. Civ. P. 7.2. For summary administration where a surviving spouse is the sole beneficiary, Idaho Code § 15-3-1205 allows a motion to appear telephonically or affidavits in place of appearing. |
| Website | County site: https://www.co.nezperce.id.us/. Second Judicial District page: https://isc.idaho.gov/district-2. |
Before you begin — know the assets and liabilities
Before filing in Nez Perce County, list the accounts, real estate, vehicles, debts, beneficiary designations and co-owned property. Idaho venue depends on the decedent's domicile at death, and the Lewiston courthouse is the filing location for a Nez Perce County estate (Idaho Code § 15-3-201).
Sunset can support estate settlement planning by checking more than 2,300 financial institutions for accounts and assets, then organizing what you found into the information a personal representative or attorney needs.
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 Nez Perce County Courthouse.
Nez Perce County is in Idaho's Second Judicial District with Clearwater, Idaho, Latah and Lewis Counties. The Second Judicial District has four district judges, with two resident chambers established in Nez Perce County (Idaho Code § 1-803). The district organizes judges and local rules; it does not move a Nez Perce County filing away from Lewiston.
File the first informal or formal testacy or appointment proceeding in the county where the decedent was domiciled at death. If the decedent was not domiciled in Idaho, venue is in an Idaho county where the decedent had property (Idaho Code § 15-3-201). Nez Perce County communities named for this page include Lewiston, Culdesac, Lapwai and Peck.
The jurisdiction process
- Decide whether the filing is an application for informal probate or informal appointment, or a petition for formal testacy or appointment. Informal probate uses an application and the registrar, a magistrate judge or district judge, acts under Idaho Code § 15-1-307, § 15-3-301, § 15-3-302 and § 15-3-307. Formal testacy starts by petition under Idaho Code § 15-3-401 and § 15-3-402.
- Prepare the filing packet for Nez Perce County. If there is a will, include the original will because an e-filed will case still requires the original will to be filed conventionally within seven business days (I.R.E.F.S. Rule 5(a)).
- File with the clerk of the district court at the Nez Perce County Courthouse, 1230 Main Street, Lewiston, ID 83501, or use iCourt File and Serve if you are required or choose to file electronically under the Idaho Rules for Electronic Filing and Service.
- Pay the $166.00 opening filing fee, effective July 12, 2024, unless the court permits filing without prepayment. The $166.00 amount is tied to Idaho Code § 31-3201A, § 1-2003, § 73-213 and § 31-3201. Idaho Code § 31-3220 allows a court, including the magistrate division, to let an indigent person proceed without prepaying fees, costs or security after the required affidavit and court finding.
- For an informal matter, wait for the registrar to determine whether the statute permits informal action. A written statement of informal probate may issue after five (5) days from death (Idaho Code § 15-3-302), and informal appointment may issue after 120 hours, with a longer delay for some nonresident decedents (Idaho Code § 15-3-307).
- If the matter is formal, follow the hearing and notice directions set by the court. Idaho formal proceedings are before a judge with notice to interested persons, and Idaho also recognizes uncontested formal testacy proceedings (Idaho Code § 15-1-201(20), § 15-3-405).
- Ask the clerk how the assigned judge handles any request for a hearing by telephone or video teleconference. Idaho R. Civ. P. 7.2 gives the court discretion for specified hearings, and Idaho Code § 15-3-1205 has its own appear telephonically provision for the surviving-spouse summary administration route.
- After appointment, obtain the correct letters. Idaho 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 by collecting assets, addressing creditor issues, preparing the inventory within three months after appointment, distributing property and making the closing filing the case requires. The inventory must be prepared within three months after appointment, sent to interested persons who request it, and may be filed with the court (Idaho Code § 15-3-706).
Forms and documents
Probate forms in Nez Perce County
Idaho probate forms are not presented in Nez Perce County as a county-specific packet. The county District Court page and the Court Assistance Office page for Nez Perce County do not post a Nez Perce County probate cover sheet, checklist or packet. Check courtselfhelp.idaho.gov for current Court Assistance Office materials and ask the clerk of the district court in Lewiston whether a local cover sheet is required before you file.
A self-represented personal representative usually drafts the application or petition from Idaho Code Title 15, chapter 3, or works with an attorney. Use the correct document name: an application for informal probate or informal appointment under Idaho Code § 15-3-301, and a petition for formal testacy or appointment under Idaho Code § 15-3-402.
Local nuance
Nez Perce County-specific considerations
Do not confuse Nez Perce County with Lewis County. This page is for Nez Perce County, two words, seated in Lewiston at 1230 Main Street. Lewis County is a different Idaho county seated at Nezperce, one word, and its courthouse address does not apply to a Nez Perce County estate.
Nez Perce County observes Pacific time. That matters for calls, filing trips and remote hearing instructions because most Idaho counties are on Mountain time. Call the clerk of the district court at (208) 799-3020 before travelling to confirm current filing-counter hours.
Recent updates
| Date | Update |
|---|---|
| August 11, 2026 | Idaho's judicial districts launched new public websites, including the Second Judicial District page for Nez Perce County at https://isc.idaho.gov/district-2. |
Page last reviewed: August 2026.
Scenarios
| Scenario | Likely Nez Perce County path | Where Sunset helps |
|---|---|---|
| Surviving spouse with co-owned home | Start by identifying how title is held and whether the spouse is the sole beneficiary. Idaho Code § 15-3-1205 may fit a surviving spouse who is the sole beneficiary, but that route makes the surviving spouse liable for estate debts and there is no administration of the estate. | Sunset organizes title clues, account information and beneficiary details so the spouse can ask a Nez Perce County attorney or the clerk targeted questions. |
| Out-of-state adult child with a small estate | If only personal property needs collection, the claiming successor may be able to use the Idaho Code § 15-3-1201 collection of personal property by affidavit after 30 days if the estate subject to probate is $100,000 or less, effective July 1, 2006. If appointment is needed, file in Lewiston or use iCourt File and Serve under the Idaho Rules for Electronic Filing and Service. | Sunset helps find accounts before travel is planned and can prepare an estate settlement checklist for a local filing or attorney review. |
| Parent settling predeceased child's estate, home must be sold | Because real property is involved, the parent should expect a court filing in Nez Perce County unless another Idaho transfer route applies. The filing may be informal or formal depending on the will, heirs, objections and appointment issues (Idaho Code § 15-3-302, § 15-3-401). | Sunset identifies assets, debts and documents, then helps the family decide whether to file directly or work with a Nez Perce County probate attorney. |
Self-help resources
| Resource | How it helps | Contact |
|---|---|---|
| Court Assistance Office for Nez Perce County | Provides court forms, document review and legal information for people representing themselves through courtselfhelp.idaho.gov. Its Nez Perce County office is at the courthouse, 1230 Main Street, PO Box 896, Lewiston, ID 83501. | 208-799-3191. Hours are 9:00 a.m. to 12:30 p.m. and 1:30 p.m. to 4:00 p.m., Monday through Friday; closed 9:00 a.m. to 2:30 p.m. on the second Wednesday of each month for a Pro Se Forms Workshop. |
| Idaho Legal Aid Services | Statewide civil legal aid intake. Its listed service areas do 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 advice-and-counsel clinics by appointment and other civil legal help through volunteer attorneys. Its wills clinic is estate planning, not estate administration. | https://ilf.idaho.gov/ivlp/legal-assistance/. |
| Idaho State Bar Lawyer Referral Service | Refers callers to Idaho State Bar members. The referral fee is $35 as published in August 2026 by the Idaho State Bar, except for listed exempt case types, and the initial consultation may be up to one half-hour at no fee. | (208) 334-4500. https://isb.idaho.gov/lawyer-referral-service/. |
| Idaho State Law Library | Offers statewide legal research help and public law library access. | 501 W. Front Street, Boise, ID 83702-7232. (208) 364-4555. https://isll.idaho.gov/. |
When to hire an attorney
How Sunset helps
Find the accounts and assets. Sunset searches more than 2,300 financial institutions and helps families build the asset picture needed for estate settlement before filing in Nez Perce County.
Generate the probate packet. Sunset turns the information you gather into an organized probate packet for an informal application, a formal petition, attorney review or a conversation with the clerk of the district court.
Find a local probate attorney. If the estate involves a Lewiston home, multiple heirs, creditor questions or a contested issue, Sunset can connect the family with a probate attorney familiar with Idaho procedure.
Sunset is free for families. Families can use Sunset to organize the estate settlement, understand the next step and decide whether to file on their own or bring in counsel.
Frequently asked questions
Where do I file probate for Nez Perce County?
File with the clerk of the district court at the Nez Perce County Courthouse, 1230 Main Street, Lewiston, ID 83501. Venue is based on the decedent's domicile at death, or for a non-Idaho decedent, an Idaho county where property was located (Idaho Code § 15-3-201).
Is Nez Perce County the same as Lewis County?
No. Nez Perce County is seated in Lewiston. Lewis County is a different Idaho county seated at Nezperce, one word. A Nez Perce County estate is filed in Lewiston.
Does Nez Perce County use e-filing for probate?
Idaho courts use iCourt File and Serve under the Idaho Rules for Electronic Filing and Service. Attorneys must e-file. A self-represented personal representative may choose electronic filing or paper filing, but a self-represented filer who chooses electronic filing generally must continue that way for the life of the case unless the court allows withdrawal (I.R.E.F.S. Rule 4).
What does it cost to open probate in Nez Perce County?
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 fee is tied to Idaho Code § 31-3201A, § 1-2003, § 73-213 and § 31-3201. Idaho Code § 31-3220 allows the court to permit qualifying indigent filers to proceed without prepaying filing fees and costs.
Who decides an informal probate application in Idaho?
The registrar decides whether the statute permits informal action, and in Idaho the registrar is a magistrate judge or a district judge, not the clerk (Idaho Code § 15-1-307). If the registrar is satisfied, the registrar may issue the written statement of informal probate after five (5) days from death (Idaho Code § 15-3-302).
Are there Nez Perce County probate forms online?
No county probate packet is posted on the Nez Perce County District Court page or the Court Assistance Office page for Nez Perce County. Check courtselfhelp.idaho.gov for current Court Assistance Office materials and ask the clerk whether Nez Perce County requires a local cover sheet.
Can I look up a Nez Perce County probate case online?
Idaho provides the iCourt Portal at mycourts.idaho.gov for online records and payments. Ask the Nez Perce County clerk what is visible for an estate case, because access to court records is governed by Idaho Court Administrative Rule 32.
Do I have to travel to Lewiston for a probate hearing?
Ask the clerk before assuming travel is or is not required. Idaho R. Civ. P. 7.2 allows the court to hold certain hearings by telephone or video teleconference. For a surviving-spouse summary administration, Idaho Code § 15-3-1205 separately allows a motion to appear telephonically or affidavits in place of appearing, while also making the surviving spouse liable for estate debts.
Does Idaho collect inheritance tax or estate tax in a Nez Perce County probate?
Idaho has no inheritance tax, no gift tax and no estate tax for current deaths; the Idaho State Tax Commission states that the estate tax for deaths expired in 2004 at tax.idaho.gov. An estate may still have federal tax issues or an estate income tax return.
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.