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Power County, ID Probate Information
Quick facts
| Item | Power County information |
|---|---|
| Court | The magistrate division of the district court at the Power County Courthouse (Idaho Code § 1-2208) |
| Courthouse address | Power County Courthouse, 543 Bannock, Room 101, American Falls, ID 83211 |
| Mailing address | Same as street address: 543 Bannock, Room 101, American Falls, ID 83211 |
| Phone | (208) 226-7611 for the Clerk of the District Court. (208) 226-7618 ext. 7 for the District Court general line. |
| Fax | (208) 226-7612. Call before sending anything by fax. |
| [email protected], listed for the District Court. It is not a confirmed filing address. | |
| Hours | Call the clerk before traveling. Current counter hours were not published on the Power County court-information pages used for this page. |
| Filing fee | $166.00, effective July 12, 2024, to open a probate in the magistrate division by petition for formal probate or application for informal probate. The total combines the magistrate-division civil filing fee, judges' retirement fund fee, Idaho Code fund fee and civil administrative surcharge (Idaho Code § 31-3201A, § 1-2003, § 73-213, § 31-3201). |
| Local probate forms | No Power County probate form, cover sheet or checklist is published on the county's court-information pages or the Court Assistance Office page at courtselfhelp.idaho.gov/Local/Power. See courtselfhelp.idaho.gov/Forms. |
| E-filing status | Attorneys must use Idaho's electronic filing system. Self-represented parties may use iCourt File and Serve or file on paper with the clerk of the district court, and choosing electronic filing is a one-way election for the life of the case unless the court allows withdrawal (Idaho Rules for Electronic Filing and Service Rule 4). |
| Case search | iCourt Portal at https://mycourts.idaho.gov/odysseyportal/. Access to court records is governed by Idaho Court Administrative Rule 32. |
| Remote appearance | The court may hold certain hearings by telephone or video teleconference, and the decision is the court's (Idaho R. Civ. P. 7.2). No Power County probate calendar or local remote practice is published for this page. |
| Website | https://www.powercounty.gov/287/Judicial |
Before you begin — know the assets and liabilities
Before you file in Power County, make a working list of the decedent's assets, debts, titled property, beneficiary designations and known creditors. The right estate settlement path depends on what property is subject to probate, where the decedent was domiciled, whether there is a will and whether anyone is likely to object.
Sunset's asset discovery searches more than 2,300 financial institutions to help families find accounts and property before they choose a filing path. That preparation helps you decide whether Power County needs an informal application, a formal petition, a spouse-only summary route under Idaho Code § 15-3-1205 or the collection of personal property by affidavit under Idaho Code § 15-3-1201.
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 Power County Courthouse.
Venue for the first estate proceeding is in the county where the decedent had domicile at death, or, for a decedent not domiciled in Idaho, in a county where the decedent's property was located (Idaho Code § 15-3-201). If Power County is the proper venue, file in American Falls.
Power County is one of six counties in Idaho's Sixth Judicial District, with Bannock, Caribou, Bear Lake, Franklin and Oneida Counties (Idaho Code § 1-807). The district organizes judges and local rules. It does not move a Power County filing to another county.
The jurisdiction process
- Confirm venue and the filing path. Use Power County if the decedent was domiciled there, or if the decedent was not domiciled in Idaho and had property there (Idaho Code § 15-3-201). Informal probate begins with an application, and formal probate begins with a petition (Idaho Code § 15-3-301; Idaho Code § 15-3-402).
- Prepare the opening papers. In an informal proceeding, the registrar, meaning a magistrate judge or district judge and not the clerk, makes the statutory findings and issues a written statement of informal probate or an order of informal appointment when the requirements are met (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 Power County Courthouse, 543 Bannock, Room 101, American Falls, ID 83211. Attorneys must file electronically. A self-represented personal representative may use iCourt File and Serve or file on paper with the clerk of the district court, but a self-represented filer who chooses electronic filing must keep using it for the life of the case unless the court allows withdrawal (Idaho Rules for Electronic Filing and Service Rule 4).
- If a will is involved and the case is filed electronically, file the original will and the pleading it is attached to conventionally within seven business days (Idaho Rules for Electronic Filing and Service Rule 5(a)).
- Pay the opening filing fee. The probate opening fee is $166.00, effective July 12, 2024, for a petition for formal probate or an application for informal probate in the magistrate division (Idaho Code § 31-3201A, § 1-2003, § 73-213, § 31-3201). A self-represented paper filer who needs paper or mail service from the court also pays designated mail-service fees under the Idaho Rules for Electronic Filing and Service.
- Handle notice and hearing issues. Formal proceedings are conducted before a judge with notice to interested persons (Idaho Code § 15-1-201(20)). For hearings that the court allows by telephone or video teleconference, follow Idaho R. Civ. P. 7.2 and any directions from the Power County clerk.
- Receive authority to act. After appointment and qualification, the personal representative receives letters testamentary when there is a will or letters of administration when there is no will (Idaho Code § 15-1-201; Idaho Code § 15-3-103).
- Administer the estate settlement. The personal representative may publish notice to creditors once a week for three successive weeks to start the four-month claims period, with a 60-day mailed-notice rule for creditors who receive written notice (Idaho Code § 15-3-801). 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).
- Close the estate or use the applicable summary route. A spouse-only estate may fit the surviving-spouse summary administration path, but that route carries the debt-liability rule in Idaho Code § 15-3-1205(c). Other estates close through the applicable Idaho Code Title 15 procedure.
Forms and documents
Probate forms in Power County
Idaho's Court Assistance Office form library at courtselfhelp.idaho.gov/Forms publishes forms in categories such as divorce, custody, guardianship, conservatorship, name change, protection orders and small claims, but the public form library does not show a probate category. A CAO Pb probate form series exists, but no Power County Pb-series probate form, cover sheet or checklist is published on the Power County court-information pages or the Court Assistance Office page for Power County.
For a Power County estate settlement, a personal representative or attorney drafts the application for informal probate or the petition for formal probate from Idaho Code Title 15, chapter 3. If you are self-represented, ask the Court Assistance Office for Power County what document review and general legal information it can provide.
Local nuance
Power County-specific considerations
Power County publishes more than one court contact number. Use (208) 226-7611 for the Clerk of the District Court and (208) 226-7618 ext. 7 for the District Court general line. The county also publishes a court fax number, (208) 226-7612, and the District Court email address [email protected], but neither is a confirmed filing channel.
The Power County Clerk of the District Court is also the county's auditor and recorder under Idaho Code § 31-2001. Power County's clerk page states that the office keeps wills admitted to probate among the documents maintained for public access. That recorder function is part of the same county office, not a separate filing counter for opening probate.
Recent updates
Scenarios
| Situation | Likely Power County path | Where Sunset helps |
|---|---|---|
| Surviving spouse with co-owned home | If the surviving spouse is the sole beneficiary, the spouse may consider summary administration under Idaho Code § 15-3-1205. That route can reach real property, but the spouse assumes liability for estate debts under Idaho Code § 15-3-1205(c). | Sunset helps identify titled assets, debts and beneficiary designations before the spouse chooses a court filing for the estate settlement. |
| Out-of-state adult child with a small estate | If the property is personal property and the probate estate is within $100,000, effective July 1, 2006, the child may be able to use the collection of personal property by affidavit after 30 days under Idaho Code § 15-3-1201. If court authority in Power County is needed, file with the clerk in American Falls. | Sunset helps collect account information and prepare a local filing packet if a Power County case is needed. |
| Parent settling predeceased child's estate, home must be sold | If the child was domiciled in Power County and court authority is needed to transfer or sell the home, open a Power County probate case in the magistrate division of the district court (Idaho Code § 1-2208; Idaho Code § 15-3-201). | Sunset helps organize assets, debts and heirs, then connects the family with a local probate attorney when a home sale needs court authority. |
Self-help resources
| Resource | How it helps | Contact |
|---|---|---|
| Court Assistance Office for Power County | Provides court forms, document review and legal information for people representing themselves. Probate is not listed as a case type on the Sixth Judicial District CAO page, and the office does not provide legal advice. | 543 Bannock Avenue, American Falls, ID 83211. Phone: (208) 236-7067. courtselfhelp.idaho.gov/Local/Power |
| Sixth Judicial District Court Assistance Office | The district CAO number matches the Power County CAO listing and serves the district's self-represented litigants. | 624 E Center, Pocatello, ID 83201. Phone: (208) 236-7067. isc.idaho.gov/district-6/family-court/court-assistance-office |
| Idaho Legal Aid Services | Statewide civil legal aid intake. Its service list does not include probate administration, so call or apply to learn whether any help is available for your issue. | Legal Advice Line: 208-746-7541. idaholegalaid.org/apply-for-help |
| Idaho Volunteer Lawyers Program | Offers civil legal assistance through volunteer attorneys and advice-and-counsel clinics by appointment. It is not an emergency program, and its wills clinic is estate planning rather than estate administration. | ilf.idaho.gov/ivlp/legal-assistance/ |
| Idaho State Bar Lawyer Referral Service | Connects callers with a participating attorney. The Idaho State Bar lists the referral fee as $35 in August 2026, with a half-hour initial consultation at no fee. | (208) 334-4500. isb.idaho.gov/lawyer-referral-service/ |
| Idaho State Law Library | State legal research library for Idaho court users. | 501 W. Front Street, Boise, ID 83702-7232. (208) 364-4555. isll.idaho.gov |
When to hire an attorney
Many Power County families start by gathering records themselves, but counsel makes sense when heirs disagree, a home must be sold, creditor issues are unclear, the will may be contested, the estate has property outside Idaho or the personal representative is unsure which Idaho Code Title 15 path fits. Sunset connects to a vetted attorney
How Sunset helps
Find the accounts and assets. Sunset searches more than 2,300 financial institutions so families can find accounts, insurance, retirement assets and other property before choosing an estate settlement path.
Generate the probate packet. Sunset turns the information you provide into an organized Power County probate packet, with the court address, filing fee and local filing notes in one place.
Find a local probate attorney. If the estate needs legal advice, a home sale, a contested filing or help with Idaho's registrar and letters process, Sunset can connect the family with a local probate attorney.
Sunset is free for families. Families can use Sunset's estate settlement tools without paying Sunset. If legal work is needed, the attorney relationship is separate and explained before you move forward.
Frequently asked questions
Where do I file probate in Power County?
File with the clerk of the district court at the Power County Courthouse, 543 Bannock, Room 101, American Falls, ID 83211. Venue is based on the decedent's domicile, or, for a decedent not domiciled in Idaho, a county where the decedent's property was located (Idaho Code § 15-3-201).
Which court handles a Power County estate?
Probate is assigned to the magistrate division of the district court, and a magistrate judge hears it (Idaho Code § 1-2208). The clerk of the district court takes the filing and maintains the case file, while the registrar, a magistrate judge or district judge, acts on informal probate matters (Idaho Code § 15-1-307).
Does Power County use e-filing for probate?
Yes. Idaho uses statewide electronic filing. Attorneys must file electronically, while self-represented parties may use iCourt File and Serve or file on paper with the clerk of the district court. A self-represented filer who chooses electronic filing must keep using it for the life of the case unless the court allows withdrawal (Idaho Rules for Electronic Filing and Service Rule 4).
What if there is an original will?
If a testate estate is filed electronically, the original will and the pleading it is attached to must also be filed conventionally within seven business days (Idaho Rules for Electronic Filing and Service Rule 5(a)). Call the clerk of the district court in Power County before mailing or delivering the original will.
How much is the Power County probate filing fee?
The opening filing fee is $166.00, effective July 12, 2024, for either a petition for formal probate or an application for informal probate in the magistrate division. The fee is set by the statewide court-cost statutes, including Idaho Code § 31-3201A, § 1-2003, § 73-213 and § 31-3201.
Can I look up a Power County probate case online?
Idaho publishes the iCourt Portal at https://mycourts.idaho.gov/odysseyportal/ for online records and payments. To confirm what is visible for a Power County estate, call the clerk of the district court. Access to court records is governed by Idaho Court Administrative Rule 32.
Does Power County publish local probate forms?
Power County does not publish a probate form, probate cover sheet or probate checklist on its court pages or on the Court Assistance Office page at courtselfhelp.idaho.gov/Local/Power. The Court Assistance Office form library is at courtselfhelp.idaho.gov/Forms, and a personal representative or attorney drafts the application or petition from Idaho Code Title 15, chapter 3.
Can I attend a Power County probate hearing by phone or video?
The court may hold certain hearings by telephone or video teleconference, and the decision is the court's (Idaho R. Civ. P. 7.2). In summary administration where a surviving spouse is the sole beneficiary, the petitioner may move to appear telephonically or submit affidavits instead of appearing, subject to Idaho Code § 15-3-1205, including the debt-liability rule in subsection (c).
Do I have to travel to American Falls to start the estate?
A self-represented person may file on paper with the clerk of the district court in American Falls or may elect to use iCourt File and Serve under the Idaho Rules for Electronic Filing and Service. Call the clerk at (208) 226-7611 for current counter hours before traveling.
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.