What to Do When Someone Dies in Clearwater County, Idaho

Probate in Clearwater County runs through the Magistrate Court: prove the will, settle the debts, and pass the house to the heirs. Here is how the local process works—and what each step actually costs.

When someone dies in Clearwater County, settling their estate runs through the Magistrate Court. This page covers the court record, whether probate is required, what it costs, how to file, transferring property, and the local attorneys who handle probate here.

Probate Court Record

Magistrate Court

Clearwater County · 2nd Judicial District

Address

150 Michigan Avenue, Room 201Orofino, ID 83544

Fax

208-476-8910

Hours

Monday - Friday, 8:00 AM - 5:00 PM
Visit court website →
Paper filing availableE-filing optionalSelf-filing allowed

Departments

  • Court Information208-476-5596
  • Jury Call-In Line844-509-1211

Mailing address: PO Box 586, Orofino, ID 83544. The 2nd Judicial District includes Clearwater, Idaho, Latah, Lewis, and Nez Perce counties.

Verified July 3, 2026 · Source

How Probate Works in Clearwater County

Probate is the court-supervised process of settling someone's estate after they die — validating the will, paying debts and taxes, and transferring what's left to the heirs. In Clearwater County, probate runs through the Magistrate Court at 150 Michigan Avenue, Room 201, Orofino. The court sits in the 2nd Judicial District. The same 2nd Judicial District also serves Idaho, Latah, Lewis and Nez Perce.

The personal representative opens the case, gives notice to heirs and creditors, files an inventory of the estate's assets, settles outstanding debts and taxes, and then distributes the remainder under the will — or under Idaho intestacy law when there is no will.

Most Idaho estates take 6 months to 12 months to move through this process. The 4 monthsIdaho Code § 15-3-801Verified Sep 8, 2026View source creditor claim window is the largest fixed piece of that timeline — a mandatory wait regardless of how simple the estate is.

What Probate Costs in Clearwater County

What probate costs in Clearwater County, Idaho comes down to a handful of line items — the court filing fee, attorney and executor compensation, publication, and sometimes a bond — scaled by the estate's size and whether the will is contested. The case itself runs through the Magistrate Court at 150 Michigan Avenue, Room 201, Orofino. The court is part of the 2nd Judicial District.

Probate matters are handled through Court Information and Jury Call-In Line. Filing and payment go through these offices, not the main clerk window.

Idaho charges $166IRCP Appendix A, Category A (eff. 7/12/2024); Idaho Code § 31-3201A(1) — api.isc.idaho.gov/uploads/Rules_PDFs/1775633983169-Appendix-A-Civil-Case-Filing-Fees-071224.pdf (Verified 2026-09-08)Verified Sep 8, 2026View source to open probate, the same in every county. Additional filings during administration — inventory, accounting, the final petition — add to the total.

The Magistrate Court accepts e-filing (https://isc.idaho.gov/irefs). Paper filing remains available for self-represented filers.

Estimate the costs for this estate:

Attorney fees in Idaho are negotiated, typically 1.8%Idaho Code § 15-3-721 (court reviews reasonableness of attorney compensation; no statutory percentage) — see also § 15-3-720 (reasonable attorney fees in estate litigation)Verified Sep 8, 2026View source to 2.8%Idaho Code § 15-3-721 (court reviews reasonableness of attorney compensation; no statutory percentage) — see also § 15-3-720 (reasonable attorney fees in estate litigation)Verified Sep 8, 2026View source of estate value. Flat-fee arrangements are common for straightforward estates.

Executor compensation is based on reasonable pay for time and effort — the states that do set a schedule pay 2.2%Estimated from the 16 state statutes that set an executor fee schedule (median and interquartile range at this estate value)Verified Sep 8, 2026View source to 3.8%Estimated from the 16 state statutes that set an executor fee schedule (median and interquartile range at this estate value)Verified Sep 8, 2026View source of estate value. Family members who are also beneficiaries often waive the fee — executor pay is taxable income while inheritances are not.

Idaho requires publishing creditor notice in a local newspaper, typically $200–$500. Professional appraisals for real estate or business interests add $300–$600 per asset.

Probate in Idaho typically runs 6 months to 12 months, and costs accrue throughout that period.

How to File Probate at the Magistrate Court

Probate documents in Clearwater County can be filed in person at the Magistrate Court, by mail, or electronically. Most families handling probate themselves prefer paper filing, though e-filing is available. The court sits in the 2nd Judicial District.

Filings here are routed through Court Information and Jury Call-In Line. Confirm with the office which intake handles the petition type you're filing.

How to File Your Documents

Paper Filing Available

You can file your probate documents in person at the court or by mail.

E-Filing Also Available

If you prefer, you can file electronically through the state's online system. This is optional for families filing without an attorney.

View E-Filing Information

Paper Filing Required For

  • •Original wills (must also be filed conventionally within 7 business days)

Can You File Without an Attorney?

Not every estate requires an attorney. Estate size, asset types, and whether beneficiaries agree determine if self-filing at the Magistrate Court is realistic.

For a full cost comparison and filing checklist, see the Clearwater County Self-Filing Assessment.

What to Bring

To file at the Magistrate Court you need: the original will (or proof there isn't one), a certified death certificate, contact information for all heirs and beneficiaries, and a summary of what the estate owns and owes.

Transferring Property in Clearwater County

Clearing title to real estate after a death, whether by a personal representative’s deed, an affidavit of survivorship, or a court order, happens at the County Recorder.

Deeds and other real property documents for Clearwater County are recorded with the County Recorder at 150 Michigan Avenue, Orofino, ID 83544. Phone: 208-476-5615. Hours: Monday - Friday 8:00 AM - 5:00 PM.

Documents submitted by mail go to PO Box 586, Orofino, ID 83544.

The County Recorder charges $15 for the first 30 pages plus $3 for each page beyond 30.

Recording Office Record

County Recorder

Clearwater County

Address

150 Michigan AvenueOrofino, ID 83544Mailing: PO Box 586, Orofino, ID 83544

Fax

208-476-9315

Hours

Monday - Friday 8:00 AM - 5:00 PM
Visit recorder website →

Recording fees

Base fee (first 30 pages)$15
Each page beyond 30$3

Idaho Code 31-3205 (recorder's fees). Deeds, grants and transfers of title to real property of 30 pages or fewer: $15.00 flat. All other instruments: $10.00 first page + $3.00 each additional page.

Verified September 4, 2026 · Source

Probate Attorneys Serving Clearwater County

Idaho allows informal probate, so many families settle straightforward estates in Clearwater County without hiring an attorney. A probate attorney earns the fee when the estate is contested, includes a business or out-of-state real estate, has unclear or insolvent debts, or when beneficiaries disagree.

Probate attorney fees in Idaho are based on reasonable compensation — typically 1.8%Idaho Code § 15-3-721 (court reviews reasonableness of attorney compensation; no statutory percentage) — see also § 15-3-720 (reasonable attorney fees in estate litigation)Verified Sep 8, 2026View source to 2.8%Idaho Code § 15-3-721 (court reviews reasonableness of attorney compensation; no statutory percentage) — see also § 15-3-720 (reasonable attorney fees in estate litigation)Verified Sep 8, 2026View source of the estate's value, billed hourly or as a flat fee. Ask a Clearwater County firm to quote a structure up front.

A probate attorney files the petition with the Magistrate Court, publishes the required creditor notices, prepares the inventory and accounting, handles creditor claims and tax filings, and guides the final distribution. They represent the personal representative — not the beneficiaries — a distinction that matters if a dispute develops.

FirmLewiston, ID

Aherin, Rice & Anegon

Since 1974 · Serves 5 counties

Lewiston firm serving the Clearwater region and the Idaho-Washington-Oregon border counties since 1974. Handles estate planning, probate, and estate and trust administration alongside its personal injury and workers compensation practice.

PracticesEstate PlanningProbate AdministrationWills Trusts

Office
1212 Idaho StreetLewiston, ID 83501

FirmLewiston, ID

Clark & Feeney, LLP

Serves 4 counties

A broad-service law firm headquartered at Lewiston's historic Train Station building. Provides estate planning and probate services including wills, trusts, healthcare directives, powers of attorney, and full estate administration across the Clearwater region.

PracticesEstate PlanningProbate AdministrationWills Trusts

Office
1229 Main Street, Suite 102Lewiston, ID 83501

FirmLewiston, ID

Creason Burris Kuznetsov, PLLC

Serves 5 counties

Lewiston firm with a multi-attorney practice covering wills, trusts, and estate planning, elder law and Medicaid planning, probate, and estate and trust litigation. Practice extends to business law, real property, and personal injury.

PracticesEstate PlanningProbate LitigationElder LawMedicaid Planningand 2 more

Office
1219 Idaho StreetLewiston, ID 83501

FirmMoscow, ID

Landeck | Forseth | Luna

Serves 6 counties

A general civil practice firm serving the Clearwater region counties. Experienced in probate, trust administration, estate planning, and will contests/trust disputes.

PracticesEstate PlanningTrust AdministrationProbate LitigationElder LawProbate Administration

Office
220 East 5th Street, Suite 212Moscow, ID 83843

FirmMoscow, ID

Mosman Law Offices

Since 1960 · Serves 3 counties

Moscow firm founded in 1960 (originally in Lewiston) and serving the Moscow-Pullman area. Wills and estates practice covers wills, trusts, and powers of attorney alongside criminal defense, family law, and personal injury.

PracticesEstate PlanningProbate AdministrationWills Trusts

Office
803 S Jefferson Street, #4Moscow, ID 83843

FirmMoscow, ID

Westberg Roepke Moore PLLC

Serves 3 counties

Moscow firm serving the Palouse counties of Latah, Nez Perce, and Clearwater. Handles estate planning, probate, trust and estate administration, will contests, elder law, and special-needs and farm-transition planning for individuals, businesses, and farms. Licensed in Idaho and Washington.

PracticesEstate PlanningTrust AdministrationProbate LitigationElder Lawand 2 more

Office
530 South Asbury Street, Suite 2Moscow, ID 83843
See all 9 firms serving Clearwater County→

Firm listings are for informational purposes only. SimplyTrust does not endorse or recommend any specific firm or attorney. Contact firms directly to verify their current practice areas and availability.

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Legal Sources

Data sourced from Idaho statutes and official state code. How we research.