Letters Testamentary in Idaho

Probate is handled by the district court (magistrate division) in the county where the decedent lived. A person seeking appointment files an application for informal probate or appointment with the court, or a petition for formal proceedings; letters testamentary (with a will) or letters of administration (without one) are issued after appointment and acceptance. Priority goes to the person named in the will, then a surviving spouse who is a beneficiary, other beneficiaries, the surviving spouse, other heirs, a creditor (after 45 days), and the public administrator. Bond is generally not required in informal proceedings unless the will requires it or an interested person demands it. Most proceedings must start within three years after death.

Priority for appointment as personal representative: the person named in the will, then a surviving spouse who is a beneficiary, other beneficiaries, the surviving spouse, other heirs, a creditor (after 45 days), and the public administrator. A person under 18, or one the court finds unsuitable, cannot serve. The statute sets no Idaho residency requirement. In informal proceedings bond is generally not required unless the will requires it or an interested person demands it; in formal proceedings the court may require bond, and a will can waive it.