Overview
Lemhi County is located in Idaho with a population of approximately 8,397. The Lemhi County District Court handles all probate and estate matters for decedents who were domiciled in the county at the time of death.
Idaho probate is governed by Title 15 of the Idaho Code (Uniform Probate Code). The process begins with filing a Petition for Probate of Will and Appointment of Personal Representative (Form CAO Pb 01) to admit the will and appoint a personal representative. The court then issues Letters Testamentary for testate estates or Letters of Administration for intestate estates.
Idaho offers a Small Estate Affidavit procedure for estates where the fair market value of personal property does not exceed $200,000, or real property does not exceed $300,000 (effective 2025). This affidavit can be used 30 days after death.
Idaho does not have a statutory fee schedule for attorneys or personal representatives; fees must be reasonable based on the services provided.
This guide provides an informational overview of the Lemhi County probate process. It is not legal advice and is not a substitute for consulting a qualified attorney. Laws and local procedures may change — verify current requirements with the court.
Courthouse Information
Lemhi County District Court
Probate matters in Lemhi County are handled at the Lemhi County Courthouse.
Address: 206 Courthouse Drive, Salmon, ID 83467
Phone: (208) 756-2815 (Court Clerk)
Hours: Monday through Friday, 8:00 AM to 5:00 PM
The courthouse is a historic building located in Salmon, housing the district and magistrate courts. The Court Clerk's office is responsible for accepting probate filings.
Parking and Access
Free public parking is available in the lot adjacent to the courthouse and on surrounding streets. Security screening may be required upon entry.
Filing Process
Step 1: Determine If Probate Is Necessary
Before filing, assess whether formal probate is required:
- Small Estate Affidavit: If the estate's personal property is valued at $200,000 or less (or real property at $300,000 or less), you may be able to avoid full probate after a 30-day waiting period.
- Summary Administration: Available for a surviving spouse to claim their community property interest.
- Trust administration: Assets held in a living trust generally do not require probate.
Step 2: File the Petition
If formal probate is needed, file a Petition for Probate of Will and Appointment of Personal Representative with the Lemhi County District Court. Include:
- Application for Informal Probate
- Original Last Will and Testament (if applicable)
- Certified death certificate
- Filing fee (approximately $166-$175)
- Renunciation of Right to Appointment (if applicable)
E-filing is mandatory for attorneys via the iCourt system and optional for self-represented litigants.
Step 3: Provide Notice
After filing, you must:
- Mail notice of the hearing to all heirs, beneficiaries, and interested parties at least 10 days before the hearing (or 14 days if required by specific local practice).
- Publish notice in a newspaper of general circulation in Lemhi County, such as The Recorder Herald, for three successive weeks.
Step 4: Attend the Hearing
The court will schedule a hearing on the petition, typically 2 to 4 weeks after filing. At the hearing, the judge reviews the petition and, if approved, issues Letters Testamentary or Letters of Administration. Many uncontested informal probates do not require a formal hearing.
Step 5: Administer the Estate
After receiving Letters, the personal representative must:
- Notify creditors and allow a 4-month period for claims.
- Inventory and appraise all estate assets within 3 months of appointment.
- Pay valid creditor claims.
- File federal and state tax returns as needed.
- Distribute assets to beneficiaries.
- File a final accounting and petition for discharge.
Local Requirements
Lemhi County-Specific Procedures
- E-filing: Mandatory for attorneys through the Idaho iCourt system; optional for pro se litigants.
- Local Rules: Follow the Idaho Rules of Civil Procedure and the 7th Judicial District local rules.
- Hearings: Uncontested informal probate matters are often handled administratively by the clerk without a court appearance.
- Publication: Notice must be published in a newspaper of general circulation in Lemhi County for three successive weeks.
Always check with the court clerk for the most current local forms and procedural requirements.
Timeline & Fees
Filing Fees (Lemhi County)
- Petition for Probate: approximately $166-$175
- Small Estate Affidavit: No court filing fee (affidavit is presented to holder of property), but recording fees apply if real estate is involved.
- Certified copies of Letters: approximately $20 per certified copy
- Publication costs: approximately $100-$200 depending on the newspaper
- Motion fees: approximately $25
Idaho law requires attorney and personal representative fees to be "reasonable" rather than a fixed percentage of the estate.
Payment Methods
The court accepts cash, checks, money orders, and credit/debit cards (convenience fees apply).
Estimated Timelines
- Simple estates (no disputes, limited assets): 6-9 months
- Average estates: 9-15 months
- Complex or contested estates: 18 months to 2+ years
Timelines are affected by the mandatory 4-month creditor claim period and court scheduling availability.
Local Resources
Lemhi County Court Resources
- Court Website: lemhicountyidaho.org
- Probate Self-Help: Idaho Court Assistance Office
- Idaho Probate Forms: CAO Forms
Legal Aid and Attorney Referrals
- Idaho State Bar: (208) 334-4500 — Professional association for attorneys.
- Idaho Legal Aid Services: (208) 746-7541 — Legal assistance for low-income residents.
- Idaho State Bar Lawyer Referral: isb.idaho.gov
Publication
- The Recorder Herald: (208) 756-2221 — Newspaper of general circulation in Lemhi County.