How Probate Laws Work in Idaho

If you recently lost a family member, you are probably dealing with the grief and loss. However, you still have the practical side of the situation to manage, which includes determining what to do with the estate.

Probate is the legal process to disperse the assets of the decedent. The courts oversee the management of the estate according to the will or state law if no will was found. They monitor the actions of the personal representative until probate is ready to be closed.

Is Probate Required in Idaho?

Probate is required in Idaho if the deceased person was the only named owner of property. Property that was owned jointly wouldn’t need to go through the courts. Instead, it would automatically go to the surviving owner. The courts are also used to validate the will, which means filing with the county court after the death of the estate owner.

How Do You Avoid Probate in Idaho?

There are several ways to avoid probate in Idaho. One way is to place all assets of an estate into a living trust. This would allow those assets to pass to the beneficiary of the trust when the person dies.

Another option to avoiding probate in Idaho is with a simple affidavit. An affidavit can only be used in there is no real property and if the value of the estate is below $100,000. The affidavit allows the person to transfer the title or deed to the heir. They just need to show the affidavit and a copy of the death certificate to the holder of the asset or title. There is a 30-day waiting period before the person can claim the assets.

If an asset is owned jointly, there is no need for probate. The person may also designate a beneficiary to an asset upon their death, such as with a bank account or life insurance policy.

Can an Executor of an Estate in Idaho be Compensated?

Yes, Idaho law allows for the personal representative to be paid for their time and expenses. This compensation is addressed in Title 15-3-719. They are also allowed to renounce any compensation or refuse it if they so desire.

How Much Does an Executor Get Paid in Idaho?

According to the Idaho Uniform Probate Code, the personal representative is entitled to reasonable compensation. If the will addresses compensation, the court will abide by that guideline. If it isn’t mentioned in the will, the court will determine what is considered reasonable based on the complexity of the estate, the amount of work the executor has had to do and what other cases have paid for similar duties.

How Long Does Probate Take in Idaho?

The length of time it takes to complete the probate process in Idaho varies. Several factors may have an impact on the timeline. For instance, if the will is contested, this dispute must be settled before the process can continue. While creditors have up to four months to present claims, there is a provision which allows claims to be accepted for up to three years after the decedent’s death. You should expect that it will take around eight months to a year before probate will be closed if there are no delays. With a delay or two, it could be much longer before the assets can be distributed to the heirs.

Do All Estates Have to Go Through Probate in Idaho?

Most estates will have to go through probate unless they were in a living trust. However, Idaho allows for informal probate as well as procedures for small estates that are less cumbersome than formal probate.

To qualify for the informal probate process, the value of the estate must be below a specified amount, which includes a homestead allowance, funeral expenses and family allowance. The other option for informal probate is if the surviving spouse will inherit everything.

Does a Will Have to Be Probated in Idaho?

A will must be filed with the county court where the decedent lived before their death. The purpose of filing the will is to determine its validity and ensure that the requests of the deceased person are being honored.

Settling an Estate in Idaho

Probate is pretty much the same in all states. However, each state has its own requirements and deadlines that must be followed.

How Long Do You Have to File Probate After a Death in Idaho?

The Uniform Probate Code doesn’t provide a deadline for filing the will with the court after the person’s death. However, it does specify that the person in custody of the will should file with reasonable promptness. If they fail to do so, they may be held liable. If they continue to fail to provide the will after it has been ordered by the court, they could be held in contempt of court. These details are stated in Title 15-2-902.

Probate Court in Idaho

The court that will be handling probate is the county court where the person resided at the time of their death. If they didn’t live in the state, it would be the county where the property is located.

Probate Code in Idaho

Idaho is one of the few states that follow the Uniform Probate Code. This provides a standard set of rules that is used to determine if probate is necessary and how it should be handled. You can find the probate code in Title 15 of the Idaho legislature https://legislature.idaho.gov/statutesrules/idstat/Title15/.

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