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Washington County, ID Probate Information
Quick facts
| Item | Washington County detail |
|---|---|
| Court | Magistrate division of the district court at the Washington County Courthouse. Probate is assigned to the magistrate division and heard by a magistrate judge (Idaho Code § 1-2208). |
| Courthouse address | 256 East Court, Weiser, ID 83672. |
| Mailing address | PO Box 670, Weiser, ID 83672. |
| Phone | Magistrate division: (208) 414-2232. General courthouse: (208) 414-2092. |
| Fax | Clerk office fax: (208) 414-3925. Court Assistance Office fax: (208) 414-2335. |
| Hours | Monday through Friday, 8:30 a.m. to 5:00 p.m. No local filing cutoff is published. |
| Filing fee | $166.00 to open a probate in the magistrate division, whether by petition for formal probate or application for informal probate, under the Idaho Supreme Court Appendix A filing fee schedule effective July 12, 2024. The figure includes the $120 magistrate-division filing fee, the $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 | No Washington County-only probate packet is listed. Ask the Court Assistance Office for Washington County about statewide Pb probate materials and the documents needed for your application or petition. Court Assistance Office: courtselfhelp.idaho.gov/Local/Washington. |
| E-filing status | Attorneys must use Idaho's electronic filing system. A self-represented personal representative may use iCourt File and Serve or file on paper with the clerk of the district court, and a self-represented filer who chooses electronic filing must keep using it unless the court allows withdrawal (Idaho Rules for Electronic Filing and Service Rule 4). The original will must also be filed on paper within seven business days in a testate estate (I.R.E.F.S. Rule 5(a)). The electronic filing vendor lists a $5.00 fee as of December 15, 2023. |
| Case search | iCourt Portal: mycourts.idaho.gov. 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. The Third Judicial District publishes a Court Schedules and Zoom Hearings contact number for Washington County: (208) 414-2232. |
| Website | Third Judicial District: https://isc.idaho.gov/district-3. Washington County clerk page: https://www.co.washington.id.us/179/Clerk-Auditor-Recorder. |
Before you begin — know the assets and liabilities
Before you file in Washington County, list the decedent's assets, debts, title documents, account holders, real property, vehicles and beneficiary designations. Venue depends on the decedent's domicile, so a Washington County case belongs in Weiser when Washington County was the decedent's Idaho domicile (Idaho Code § 15-3-201).
Sunset's estate settlement tools help families look for accounts and assets across more than 2,300 institutions before choosing the right filing path. That work matters because the court filing, the fee and the authority document depend on what property actually needs probate.
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 Washington County Courthouse.
Washington County is one of six counties in Idaho's Third Judicial District, along with Adams, Payette, Gem, Canyon and Owyhee Counties (Idaho Code § 1-804). The judicial district organizes judges, local rules and district administration; it does not change the filing counter for a Washington County estate. File in Weiser if venue belongs in Washington County under Idaho Code § 15-3-201.
The courthouse city is Weiser. Other Washington County communities include Midvale and Cambridge.
The jurisdiction process
- Choose the opening path. Use an application for informal probate or informal appointment, and use a petition for formal probate or formal appointment (Idaho Code § 15-3-301, § 15-3-302, § 15-3-307, § 15-3-401, § 15-3-402).
- Prepare the Idaho Title 15 documents and any will. In an informal proceeding, the registrar, meaning a magistrate judge or a district judge, makes the required findings and issues the written statement of informal probate or the order appointing the personal representative (Idaho Code § 15-1-307, § 15-3-302, § 15-3-307).
- File with the clerk of the district court at the Washington County Courthouse, 256 East Court in Weiser. Attorneys use Idaho's electronic filing system. A self-represented filer may use iCourt File and Serve or file on paper, but a self-represented filer who elects electronic filing must continue using it unless the court allows withdrawal (Idaho Rules for Electronic Filing and Service Rule 4).
- Pay the opening filing fee. The ordinary probate opening fee is $166.00 under the Idaho Supreme Court Appendix A schedule effective July 12, 2024, and it is tied to Idaho Code § 31-3201A, § 1-2003, § 73-213 and § 31-3201.
- If there is an original will, submit the original on paper within seven business days even when the case is otherwise filed electronically (I.R.E.F.S. Rule 5(a)).
- Handle notice and hearing requirements for the path you filed. Formal proceedings are before a judge with notice to interested persons (Idaho Code § 15-1-201(20)). Idaho R. Civ. P. 7.2 lets the court decide whether certain matters may be heard by telephone or video teleconference.
- After appointment, obtain the correct letters. Idaho uses letters testamentary when there is a will and letters of administration when there is no will; administration begins with the issuance of letters (Idaho Code § 15-1-201, § 15-3-103).
- Administer the estate. The personal representative prepares an inventory within 3 months after appointment, sends it to interested persons who request it, and may file the original with the court (Idaho Code § 15-3-706). Publication of notice to creditors is a tool the personal representative may use to start the 4 months claim period from first publication, with a 60 days mailed-notice rule where written notice is given (Idaho Code § 15-3-801).
- Close the estate settlement under the procedure that fits the case. If a Washington County family is using the collection of personal property by affidavit for probate personal property of $100,000 or less, the claiming successor presents that affidavit to the holder of the property after 30 days, and the affidavit is not opened as a court case (Idaho Code § 15-3-1201).
Forms and documents
Probate forms in Washington County
Use the heading Probate forms in Washington County when you ask the Court Assistance Office for Washington County what documents apply to your filing. The county does not list a Washington County-only probate packet. Idaho probate filings still must match the informal application, formal petition, will, appointment and notice requirements in Idaho Code Title 15, chapter 3.
Start with the Court Assistance Office page for Washington County at courtselfhelp.idaho.gov/Local/Washington. That page is marked Limited Services, lists the office at 256 East Court, 3rd Floor, Weiser, ID 83672, and gives the phone number (208) 414-2232. Because statewide Pb probate materials may exist but no Washington County-only packet is listed, call before relying on a form set.
Local nuance
Washington County-specific considerations
| Local point | Why it matters |
|---|---|
| Use the Idaho county name carefully | Washington County, Idaho shares its name with many counties in other states. Use Idaho Code citations and the Weiser courthouse information for this page. |
| Separate magistrate division phone | Washington County publishes a separate magistrate division line, (208) 414-2232, and the Third Judicial District's Court Schedules and Zoom Hearings block also uses that number. That is the best first call for probate questions assigned to the magistrate division (Idaho Code § 1-2208; Idaho R. Civ. P. 7.2). |
| Limited Services Court Assistance Office | The Court Assistance Office page for Washington County is marked Limited Services. Call (208) 414-2232 before planning around document review or in-person help at the courthouse. Court Assistance Office details are published at courtselfhelp.idaho.gov/Local/Washington. |
| Published hours differ from the standard statewide assumption | Washington County publishes clerk and Court Assistance Office hours of Monday through Friday, 8:30 a.m. to 5:00 p.m. No local midday closure or filing cutoff is published. |
Recent updates
Scenarios
| Situation | Likely Washington County path | Where Sunset helps |
|---|---|---|
| Surviving spouse with co-owned home | If the spouse is the sole devisee or heir, ask whether summary administration under Idaho Code § 15-3-1205 fits. That route can address real property and is listed at $130.00 in the Idaho Supreme Court Appendix A schedule effective July 12, 2024, but the spouse assumes liability for debts that might be claims against the estate and there is no administration of the estate (Idaho Code § 31-3201A, § 15-3-1205). | Sunset helps organize title, debts, beneficiary information and account data before the spouse decides whether that estate settlement shortcut is safe. |
| Out-of-state adult child with a small estate under Idaho Code § 15-3-1201 | If the estate has $100,000 or less in probate personal property, the claiming successor may use the collection of personal property by affidavit after 30 days and present it to the holder of the property, rather than opening a court case (Idaho Code § 15-3-1201). If a court appointment is needed, file in Weiser when Washington County is the proper venue (Idaho Code § 15-3-201). | Sunset helps find accounts, estimate whether property is subject to probate under Idaho Code § 15-3-1201, and prepare a packet for attorney review or filing. |
| Parent settling predeceased child's estate, home must be sold | A real-property sale usually requires court authority through appointment of a personal representative. File the application or petition with the clerk of the district court at the Washington County Courthouse and obtain letters testamentary or letters of administration after appointment (Idaho Code § 15-1-201, § 15-3-103). | Sunset helps identify assets and debts, assemble estate settlement information for the personal representative, and connect the family with local counsel when a sale or title issue needs legal work. |
Self-help resources
| Resource | How it helps | Contact |
|---|---|---|
| Court Assistance Office for Washington County | Marked Limited Services. Offers Idaho court self-help access, document review and legal information for self-represented people through the Court Assistance Office system. It does not represent you. courtselfhelp.idaho.gov/Local/Washington. | 256 East Court, 3rd Floor, Weiser, ID 83672. Phone: (208) 414-2232. Hours: Monday through Friday, 8:30 a.m. to 5:00 p.m. |
| Idaho Legal Aid Services | Statewide civil legal aid intake. Probate is not one of the service areas listed by Idaho Legal Aid Services, so call to ask whether another civil issue is within scope. | Legal Advice Line: 208-746-7541. Online intake: idaholegalaid.org/apply-for-help. |
| Idaho Volunteer Lawyers Program | Volunteer attorney network for financially qualified civil matters, with advice, brief service and possible representation depending on placement. It is not an emergency program. ilf.idaho.gov/ivlp/legal-assistance/. | Apply through the Idaho Volunteer Lawyers Program. |
| Idaho State Bar Lawyer Referral Service | Referral to an Idaho State Bar attorney. The referral fee is $35 as published in August 2026, with a no-fee referral for personal injury, medical malpractice and workers' compensation matters. | Idaho State Bar Lawyer Referral Service: isb.idaho.gov/lawyer-referral-service/. Idaho State Bar phone: (208) 334-4500. |
| 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. | 501 W. Front Street, Boise, ID 83702-7232. Phone: (208) 364-4555. isll.idaho.gov. |
When to hire an attorney
Consider a probate attorney for a Washington County estate settlement if the estate includes real property, creditor disputes, a will contest, unclear heirs, tax filings, out-of-state property, a business interest or disagreement over who should serve as personal representative. Sunset connects to a vetted attorney
How Sunset helps
Find the accounts and assets. Sunset helps families identify accounts, insurance, benefits and property before they choose a Washington County filing path. That asset picture is the foundation for estate settlement.
Generate the probate packet. Sunset organizes the information needed for an Idaho informal application or formal petition, including family details, asset lists, debts and court-ready next steps for review.
Find a local probate attorney. When a Washington County case needs legal judgment, Sunset can connect the family with a vetted Idaho probate attorney who can advise on filings, hearings, real property and creditor issues.
Sunset is free for families. Families can use Sunset to understand the process, gather documents and move from uncertainty to an organized estate settlement plan without paying Sunset.
Frequently asked questions
Where do I file probate for Washington County, Idaho?
File with the clerk of the district court at the Washington County Courthouse, 256 East Court in Weiser. Venue is generally in the county where the decedent was domiciled at death, or, for a non-Idaho decedent, where Idaho property was located (Idaho Code § 15-3-201).
Which phone number should I call for a Washington County probate question?
Call the magistrate division line at (208) 414-2232. Washington County also lists a general courthouse number, (208) 414-2092. Probate is assigned to the magistrate division of the district court (Idaho Code § 1-2208).
Can I e-file a Washington County probate case?
Idaho uses electronic filing through iCourt File and Serve. Attorneys must file electronically. A self-represented personal representative may file electronically or on paper, but choosing electronic filing commits that filer to keep using it unless the court allows withdrawal (Idaho Rules for Electronic Filing and Service Rule 4). If there is an original will, it must also be filed on paper within seven business days (I.R.E.F.S. Rule 5(a)).
What is the filing fee to open probate in Washington County?
The ordinary probate opening fee is $166.00 under the Idaho Supreme Court Appendix A schedule effective July 12, 2024. The amount includes the $120 magistrate-division filing fee, the $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).
Does Washington County have local probate forms?
Washington County does not list a county-only probate packet. Ask the Court Assistance Office for Washington County, marked Limited Services, about statewide Pb probate materials and what to file for your application or petition. The Court Assistance Office page is courtselfhelp.idaho.gov/Local/Washington.
How do I look up a Washington County probate case?
Use Idaho's iCourt Portal at mycourts.idaho.gov. The portal is Idaho's statewide online records and payments portal, and access to court records is governed by Idaho Court Administrative Rule 32.
Are Washington County probate hearings on Zoom?
The Third Judicial District publishes a Court Schedules and Zoom Hearings contact number for Washington County, (208) 414-2232. Idaho R. Civ. P. 7.2 allows the court to hold certain matters by telephone or video teleconference, but the decision belongs to the court.
Do I have to travel to Weiser for probate?
Ask the clerk of the district court or the magistrate division line before making travel plans. Idaho R. Civ. P. 7.2 allows some matters by telephone or video teleconference, and a surviving-spouse summary administration has a specific option to move to appear telephonically or submit affidavits instead of appearing (Idaho Code § 15-3-1205).
Can a small estate in Washington County avoid opening a court case?
For probate personal property worth $100,000 or less, a claiming successor may use the collection of personal property by affidavit after 30 days and present it to the holder of the property, if the statutory conditions are met (Idaho Code § 15-3-1201). That affidavit does not transfer Idaho real property.
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.