The Probate Process in Idaho.pdf

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

Informal Probate and Appointment of

Personal Representative” and “Letters

Testamentary,” which allows the personal

representative to handle the estate. If

there was no will, the paperwork is

slightly different, but the process is

usually similar. In some cases, an

accounting of the estate and a hearing

may be required to close the estate and

discharge the personal representative. It

is recommended that you seek the advice

of an attorney before beginning this

method of probate.

3. The third method is called Formal

Probate. This method is required when

there is (1) any question as to the validity

of a will; (2) any objection to the

appointment of a personal representative;

or (3) any disputes over beneficiaries or

other matters. Formal probate requires a

hearing before the court to resolve any of

the issues listed above. Formal probate

has the potential to become lengthy and

expensive. It is recommended that you

seek the advice of an attorney before

beginning this method of probate.

4. The fourth method is called Summary

Administration and may be used when the

decedent leaves a spouse as the only

surviving beneficiary. This method does

require proper notice and a hearing;

however, it is a fairly quick process.

The beneficiary must file a “Petition for

Summary Administration Estate Where

Spouse is Sole Surviving Beneficiary” to

start the process. At the hearing, if

everything is proper, the court may sign a

“Decree Vesting Estate in Surviving

Spouse” to legally transfer the estate,

property, and debts to the surviving

spouse.

You can find more information regarding

probate requirements in Idaho Code §§

15-1-101 through 15-3-1205.

*This handout is general in nature. It is not a

substitute for legal advice from an attorney regarding

individual situations. (August 2021)

For additional information on this and other legal

topics, see the Air Force Legal Assistance Website:

https://aflegalassistance.law.af.mil