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Payette County, ID Probate Information
Quick facts
| Item | Payette County detail |
|---|---|
| Court | The magistrate division of the district court at the Payette County Courthouse. Probate is assigned to the magistrate division under Idaho Code § 1-2208. |
| Courthouse address | Payette County Courthouse, 1130 3rd Avenue N., Suite 104, Payette, ID 83661. |
| Mailing address | Same as the street address: 1130 3rd Avenue N., Suite 104, Payette, ID 83661. |
| Phone | Clerk of the district court main line: (208) 642-6000. Separate Magistrate Division line: (208) 642-6010. |
| Fax | (208) 642-6011. Call before sending any filing or original document. |
| Hours | 9:00 a.m. to 5:00 p.m., weekdays, excluding holidays. |
| Filing fee | Effective July 12, 2024, $166.00 to open a probate in the magistrate division, whether by petition for formal probate or application for informal probate. The total includes the $120 magistrate-division filing fee, a $26 judges' retirement fund fee, a $10 Idaho Code fund fee and a $10 civil administrative surcharge (Idaho Code § 31-3201A, § 1-2003, § 73-213, § 31-3201). |
| Local forms | Payette County does not point readers to a separate county probate packet on its Clerk page, the Third Judicial District page, or the Payette Court Assistance Office page at courtselfhelp.idaho.gov. Call the clerk before filing to confirm whether any local cover sheet or proposed-order format is expected. |
| E-filing | Idaho courts use iCourt File and Serve. Attorneys must file electronically under the Idaho Rules for Electronic Filing and Service Rule 4(a). A self-represented individual may file through File and Serve or on paper under I.R.E.F.S. Rule 4(b), but choosing electronic filing generally commits that filer to continue electronically for the life of the case unless the court allows withdrawal. As of December 15, 2023, the vendor charges a $5.00 electronic-filing fee, separate from court charges. |
| Original will | If the decedent left a will and the case is e-filed, the original will must also be filed conventionally on paper within seven business days under I.R.E.F.S. Rule 5(a). |
| Case search | Use the iCourt Portal at mycourts.idaho.gov for Idaho online records and payments. Ask the Payette County clerk what is visible for a probate case because court records access 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. The Third Judicial District page lists a Court Schedules and Zoom Hearings contact number for Payette County as 208-642-6000, but it does not publish a probate hearing day or guarantee Zoom for probate. |
| Website | Third Judicial District: https://isc.idaho.gov/district-3. Payette County Clerk: https://payettecounty.org/elected-officials/clerk. Court Assistance Office: https://courtselfhelp.idaho.gov/Local/Payette. |
Before you begin — know the assets and liabilities
Before you file in Payette County, make a working list of the decedent's assets, debts, titled property, beneficiary designations and likely creditors. The right estate settlement path depends on what is actually subject to probate, where the decedent was domiciled, whether there is a will, and who has priority to serve.
Sunset's estate settlement platform can search across more than 2,300 financial institutions to help identify accounts and assets before you prepare a Payette County filing. That asset picture helps you decide whether a court case is needed, whether an Idaho Code § 15-3-1201 personal-property affidavit may solve part of the estate, or whether an attorney should draft the application or petition.
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 Payette County Courthouse.
Venue for a first informal or formal estate proceeding is the county where the decedent had domicile 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). Payette County is one of six counties in Idaho's Third Judicial District with Adams, Canyon, Gem, Owyhee and Washington Counties (Idaho Code § 1-804). The district organizes judges, local rules and administration, but a Payette County estate is filed at the courthouse in the city of Payette.
The jurisdiction process
- Identify the estate settlement path before drafting. Informal probate uses an application, formal probate uses a petition under Idaho Code §§ 15-3-401 through 15-3-414, and a personal-property collection by affidavit may be available outside a court filing only when Idaho Code § 15-3-1201 is satisfied.
- Prepare the Payette County filing for the magistrate division of the district court. In an informal proceeding, the registrar, meaning a magistrate judge or district judge in Idaho, makes the required findings and may issue a written statement of informal probate after five (5) days have elapsed since death (Idaho Code § 15-1-307, § 15-3-302). Informal appointment has a 120 hours waiting period, with a 30 days delay for some nonresident decedents (Idaho Code § 15-3-307).
- File with the clerk of the district court at the Payette County Courthouse, 1130 3rd Avenue N., Suite 104, Payette, ID 83661. Attorneys file electronically through iCourt File and Serve under the Idaho Rules for Electronic Filing and Service. A self-represented individual may file through File and Serve or on paper under I.R.E.F.S. Rule 4(b). If the decedent left a will and the case is e-filed, file the original will conventionally within seven business days under I.R.E.F.S. Rule 5(a).
- Pay the opening filing fee, effective July 12, 2024. The ordinary Payette County probate opening charge is $166.00 in the magistrate division, made up of the $120 magistrate-division filing fee, a $26 judges' retirement fund fee, a $10 Idaho Code fund fee and a $10 civil administrative surcharge (Idaho Code § 31-3201A, § 1-2003, § 73-213, § 31-3201). Confirm the current total and accepted payment method with the clerk before filing.
- Handle notice and hearing requirements for the route you filed. Formal proceedings are before a judge with notice to interested persons, and Idaho has an uncontested formal testacy route (Idaho Code § 15-1-201(20), §§ 15-3-401 through 15-3-414, § 15-3-405). The personal representative may publish notice to creditors once a week for three successive weeks to start the four months claim period from first publication, and mailed or delivered notice can give a creditor 60 days after mailing or delivery if that is later (Idaho Code § 15-3-801).
- Ask the clerk how the Third Judicial District will schedule any required hearing. The district page lists 208-642-6000 for Payette Court Schedules and Zoom Hearings, but no Payette County probate hearing day or wait time is published. Idaho R. Civ. P. 7.2 allows certain hearings by telephone or video teleconference at the court's direction.
- After appointment, obtain the authority document. Idaho uses letters testamentary when there is a will and letters of administration when there is no will (Idaho Code § 15-1-201). Administration begins with issuance of letters after appointment, qualification and acceptance (Idaho Code § 15-3-103).
- Administer and close the estate. A personal representative must prepare an inventory within three (3) months after appointment, send a copy to interested persons who request it, and may file the original with the court (Idaho Code § 15-3-706). Continue the estate settlement by collecting assets, addressing creditor claims, distributing property and using the closing procedure that fits the case.
Forms and documents
Probate forms in Payette County
Payette County does not point readers to a separate county probate packet on its Clerk page, the Third Judicial District page, or the Payette Court Assistance Office page at courtselfhelp.idaho.gov. Before filing, call the clerk of the district court at (208) 642-6000 or the separate Magistrate Division line at (208) 642-6010 to ask whether the court expects any local cover sheet, proposed order, or original-will handling step beyond the statewide rules.
Use the correct Idaho terminology when preparing papers. Informal probate uses an application and is tied to Idaho Code § 15-3-302. Formal probate uses a petition under Idaho Code §§ 15-3-401 through 15-3-414. The registrar in an informal case is a magistrate judge or district judge, not a clerk (Idaho Code § 15-1-307).
Local nuance
Payette County-specific considerations
| Local point | Why it matters |
|---|---|
| Two phone numbers | Payette County publishes the clerk of the district court main line as (208) 642-6000, and the Idaho Judiciary separately lists the Payette Magistrate Division at (208) 642-6010. Use the main line for clerk counter questions and the separate Magistrate Division line when asking about a probate setting or magistrate-division process. Probate is assigned to the magistrate division under Idaho Code § 1-2208. |
| Third Judicial District schedule contact | The Third Judicial District lists 208-642-6000 for Payette Court Schedules and Zoom Hearings. That listing is a contact number, not a published probate calendar. Idaho R. Civ. P. 7.2 governs telephone or video teleconference hearings. |
| County seat and courthouse city | The jurisdiction is Payette County and the courthouse is in the city of Payette. Venue still turns on domicile or Idaho property location under Idaho Code § 15-3-201, not on the similarity between the county and city names. |
Recent updates
Scenarios
| Persona | Likely Payette County path | Where Sunset helps |
|---|---|---|
| surviving spouse w/ co-owned home | Start by confirming title, beneficiary designations and whether any property is subject to probate. If the surviving spouse is the sole beneficiary, Idaho has a summary administration route under Idaho Code § 15-3-1205, and that route carries a debt-liability caveat for the surviving spouse. File any required Payette County petition at the Payette County Courthouse. | Sunset helps collect asset information, organize title and account details, and connect the family with an Idaho probate attorney when a home or spouse-only route needs legal review. |
| out-of-state adult child w/ small estate | If only personal property is involved, the collection of personal property by affidavit under Idaho Code § 15-3-1201 may be available 30 days after death when the probate estate value is not more than $100,000, effective July 1, 2006. If a Payette County probate case is needed, a self-represented filer may file on paper with the clerk or use File and Serve under the Idaho Rules for Electronic Filing and Service. | Sunset helps identify accounts, prepare an estate settlement task list, and build a filing packet so the adult child can reduce unnecessary travel and know what to ask the Payette clerk. |
| parent settling predeceased child's estate, home must be sold | A home generally points toward a court proceeding rather than the Idaho Code § 15-3-1201 personal-property affidavit. The parent should expect to file in Payette County if venue is proper under Idaho Code § 15-3-201, seek appointment, obtain letters testamentary or letters of administration under Idaho Code § 15-1-201, and address sale authority before closing. | Sunset helps locate assets and debts, generate the probate packet, and connect the parent with a local probate attorney for real-property sale questions. |
Self-help resources
| Resource | How it helps | Contact |
|---|---|---|
| Court Assistance Office for Payette County | The local Court Assistance Office at courtselfhelp.idaho.gov provides court forms information, document review and legal information for people representing themselves. It does not give legal advice or represent you. | 208-454-7455. Hours: 9:00 a.m. to 5:00 p.m., Monday through Friday, by phone or email. Local page: https://courtselfhelp.idaho.gov/Local/Payette. |
| Idaho Legal Aid Services | Statewide civil legal aid intake. Its listed service areas do not include probate administration, so call to ask whether your issue fits. | Legal Advice Line: 208-746-7541. |
| Idaho Volunteer Lawyers Program | Offers advice, consultation, brief legal service and clinics through volunteer attorneys; it is not an emergency program and does not keep attorneys on staff. | https://ilf.idaho.gov/ivlp/legal-assistance/. |
| Idaho State Law Library | Provides legal research access and law-library support for Idaho legal materials. | 501 W. Front Street, Boise, ID 83702-7232. Phone: (208) 364-4555. Hours: 8:00 a.m. to 5:00 p.m., Monday through Friday, closed weekends and legal holidays. https://isll.idaho.gov. |
When to hire an attorney
How Sunset helps
Find the accounts and assets. Sunset searches across more than 2,300 financial institutions, helps identify accounts and policies, and organizes the asset picture before you decide what must be filed in Payette County.
Generate the probate packet. Sunset uses the estate information you provide to assemble a Payette County probate packet for the magistrate division of the district court, including the right local courthouse details and Idaho terminology for a personal representative, registrar and letters.
Find a local probate attorney. When the estate includes a home, creditor issues, tax questions, or a dispute among heirs, Sunset can connect the family with a vetted Idaho probate attorney for legal advice.
Sunset is free for families. Families can use Sunset's estate settlement tools without paying Sunset. If an attorney is needed, the attorney's own engagement terms are separate.
Frequently asked questions
Where do I file probate in Payette County?
File with the clerk of the district court at the Payette County Courthouse, 1130 3rd Avenue N., Suite 104, Payette, ID 83661. Probate is assigned to the magistrate division of the district court under Idaho Code § 1-2208, and venue is based on the decedent's domicile or Idaho property location under Idaho Code § 15-3-201.
What phone number should I call for a Payette County probate question?
Use (208) 642-6000 for the Payette County clerk of the district court main line. The Idaho Judiciary also lists a separate Payette Magistrate Division line at (208) 642-6010 for magistrate-division matters, which include probate under Idaho Code § 1-2208.
Can I e-file a Payette County probate case?
Attorneys must file electronically under the Idaho Rules for Electronic Filing and Service Rule 4(a). A self-represented individual may use iCourt File and Serve or file on paper with the clerk under I.R.E.F.S. Rule 4(b). If a self-represented filer chooses electronic filing, that choice generally continues for the life of the case unless the court allows withdrawal.
Do I have to bring the original will to the courthouse?
If the decedent left a will and the case is e-filed, the original will must also be filed conventionally on paper within seven business days under I.R.E.F.S. Rule 5(a). Call the Payette County clerk before mailing or bringing an original will.
Does Payette County publish probate forms?
Payette County does not point readers to a separate county probate packet on its Clerk page, the Third Judicial District page, or the Payette Court Assistance Office page at courtselfhelp.idaho.gov. Informal probate uses an application under Idaho Code § 15-3-302, and formal probate uses a petition under Idaho Code §§ 15-3-401 through 15-3-414.
How much is the Payette County probate filing fee?
Effective July 12, 2024, the ordinary opening filing fee is $166.00 in the magistrate division. The total includes the $120 magistrate-division filing fee, a $26 judges' retirement fund fee, a $10 Idaho Code fund fee and a $10 civil administrative surcharge (Idaho Code § 31-3201A, § 1-2003, § 73-213, § 31-3201).
Can I look up a Payette County probate case online?
Idaho uses the iCourt Portal at mycourts.idaho.gov for online records and payments. What you can see for a Payette County probate case depends on court records access rules, including Idaho Court Administrative Rule 32, so call the clerk if you need a specific file or document.
Are Payette County probate hearings on Zoom?
The Third Judicial District publishes a Court Schedules and Zoom Hearings contact number for Payette County, 208-642-6000. Idaho R. Civ. P. 7.2 allows certain hearings by telephone or video teleconference, but the court decides whether that is available for a particular probate matter.
Do I have to travel to Payette County if I live outside Idaho?
You may be able to handle some steps by paper filing, File and Serve, phone calls, or a court-approved telephone or video teleconference under Idaho R. Civ. P. 7.2. Do not assume a hearing can be handled remotely; ask the Payette County clerk how the Third Judicial District wants the matter set.
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.