INTRODUCTION
WHAT IS PROBATE?
Probate is the court process to transfer
titles of the decedent’s (the person who
has died) property to his or her
beneficiaries and to pay any outstanding
debts to creditors.
IS PROBATE ALWAYS
NECESSARY?
Probate is not always required. For
example, a small estate with no real
property (your land and home) may not
need to go through formal probate if the
beneficiary uses the affidavit method,
which is described below.
WHAT IF THE DECEDENT HAD A
WILL?
Probate will be necessary to declare the
will valid and to appoint the personal
representative named in the will. The
personal representative can then carry out
the wishes expressed in the will.
WHAT IF THE DECEDENT DID
NOT HAVE A WILL?
If the decedent had no will, then probate
may be required to determine the proper
beneficiaries and to appoint a personal
representative to handle the estate. This
process would determine the appropriate
beneficiaries according to the laws of
intestacy in the State of Idaho.
FOUR PROBATE METHODS
WHAT ARE THE FOUR WAYS TO
HANDLE AN ESTATE IN IDAHO?
1. The first method is by an Affidavit and
does not involve a court process. This
method may be used if the decedent did
not own real estate and had personal
property with a net value of less than
$100,000. To start this process, the
beneficiary must submit a completed
notarized affidavit.
2. The second method is called Informal
Probate. This is a court process that
transfers property after payment to any
creditors. If the decedent (1) had no will;
(2) had a will; (3) owned property with a
net value of more than $100,000; or (4)
owned real property, then Informal
Probate may be the appropriate method to
handle the estate.
To start this process, an “Application for
Informal Probate and Appointment of a
Personal Representative” must be filed
along with a copy of the will (if there is a
will) and either an “Acceptance of
Appointment” or “Renunciation of
Appointment” by the proposed personal
representative. If everything is proper,
the court may sign a “Statement of
THE PROBATE PROCESS IN IDAHO
prepared by
MOUNTAIN HOME AFB
GUNFIGHTER LEGAL OFFICE