Overview
Nez Perce County is located in Idaho with a population of approximately 42,090. The District Court of the Second Judicial District 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 an Application for Informal Probate and Appointment of Personal Representative (Form CAO Pb 02) 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 the decedent's personal property (less liens and encumbrances) does not exceed $100,000. This procedure cannot be used if the decedent owned real property or if an application for appointment of a personal representative is pending.
Idaho does not have a statutory fee schedule for attorneys or personal representatives. Fees must be "reasonable" based on the time and effort required.
This guide provides an informational overview of the Nez Perce 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
Nez Perce County Courthouse
Probate matters in Nez Perce County are handled at the Nez Perce County Courthouse.
Address: 1230 Main St, Lewiston, ID 83501
Phone: (208) 799-3040 (Clerk of the District Court)
Hours: Monday through Friday, 8:00 AM to 5:00 PM
The courthouse is located in downtown Lewiston. Probate filings are processed by the Clerk of the District Court, located on the second floor.
Parking and Access
Street parking is generally available around the courthouse. The building is accessible to the public during business hours, with security screening at the entrance.
Filing Process
Step 1: Determine If Probate Is Necessary
Before filing, assess whether formal probate is required:
- Small Estate Affidavit: If the estate consists only of personal property valued at $100,000 or less, you may be able to collect assets via affidavit 30 days after death.
- Summary Administration for Surviving Spouse: If the surviving spouse is the sole beneficiary, a simplified petition can be filed to transfer assets.
- Trust administration: Assets held in a living trust generally do not require probate.
Step 2: File the Application
If probate is needed, file an Application for Informal Probate (Form CAO Pb 02) with the District Court. Include:
- Original Last Will and Testament (if applicable)
- Application for Informal Probate and Appointment of Personal Representative
- Certified copy of the Death Certificate
- Filing fee (approximately $166.00)
- Renunciations or Nominations from other heirs (if applicable)
E-filing via the iCourt system is mandatory for attorneys. Self-represented litigants may file in person at the courthouse.
Step 3: Provide Notice
After filing and appointment, you must:
- Mail notice of the appointment to all heirs, beneficiaries, and interested parties within 30 days of appointment.
- Publish notice to creditors in a newspaper of general circulation in Nez Perce County (such as the Lewiston Tribune) once a week for three successive weeks.
Step 4: Administration
The court clerk typically reviews informal applications without a hearing. Once approved, the clerk issues Letters Testamentary or Letters of Administration.
Step 5: Administer the Estate
After receiving Letters, the personal representative must:
- Notify creditors and allow 4 months from the date of first publication for claims to be filed.
- Inventory and appraise all estate assets within 3 months of appointment.
- Pay valid creditor claims and estate expenses.
- File federal and state tax returns as needed.
- Distribute assets to beneficiaries.
- File a Closing Statement to close the estate.
Local Requirements
Nez Perce County-Specific Procedures
- E-Filing: Idaho utilizes the iCourt system. Attorneys are required to e-file documents. Self-represented parties may file paper documents at the clerk's office.
- Local Rules: The Second Judicial District may have specific local rules regarding scheduling and motion practice.
- Mediation: Contested probate matters may be referred to mediation to resolve disputes before trial.
- Publication: Notice must be published in a newspaper of general circulation in Nez Perce County for three successive weeks.
Always check with the court clerk for the most current local forms and procedural requirements.
Timeline & Fees
Filing Fees (Nez Perce County)
- Initial Probate Filing (Informal or Formal): approximately $166.00
- Motion Fees: approximately $25.00
- Certified copies of Letters: approximately $1.00 per page + $1.00 certification fee
- Publication costs: approximately $150.00 depending on the newspaper
- Small Estate Affidavit: No court filing fee (document is presented to holder of property)
Idaho law requires that attorney and personal representative fees be reasonable. There is no statutory percentage fee.
Payment Methods
The court accepts cash, checks, money orders, and credit/debit cards (a convenience fee applies to card payments).
Estimated Timelines
- Simple estates (informal, no disputes): 6-9 months
- Average estates: 9-12 months
- Complex or contested estates: 12 months to 2 years
The creditor claim period in Idaho is 4 months from the date of the first publication of notice to creditors, which sets a minimum timeline for closing the estate.
Local Resources
Nez Perce County Court Resources
- Court Website: co.nezperce.id.us
- Probate Self-Help: Idaho Court Assistance Office
- Idaho Probate Forms: Court Assistance Office Forms
Legal Aid and Attorney Referrals
- Idaho State Bar: (208) 334-4500 — Lawyer Referral Service
- Idaho Legal Aid Services: (208) 743-1556 — Lewiston Office
- State Bar Lawyer Referral: isb.idaho.gov
Publication
- Lewiston Tribune: (208) 743-9411 — Legal Advertising Department