How Probate Works in Idaho

Probate is handled by the district court. Most proceedings must start within three years after death. The main steps are: application or petition for informal or formal probate and appointment of a personal representative; letters issued; optional published notice to creditors (once a week for three weeks); inventory prepared within three months after appointment (given to interested persons who ask; filing with the court is optional); paying claims and distributing the estate; and closing, often by a sworn closing statement filed no earlier than six months after appointment.

(1) Surviving spouse summary administration: when the surviving spouse is the only heir or beneficiary, the spouse can file a verified petition and obtain a court decree with no estate administration; there is no dollar limit, but the spouse becomes liable for the decedent's debts. (2) Small estate summary closing: if the inventory shows the estate is worth no more than the homestead allowance, exempt property, administration costs, reasonable funeral expenses and last-illness medical costs, the personal representative may distribute the estate without notice to creditors and close it with a sworn statement.

If notice to creditors is published, claims must be presented within four months after the first publication or they are barred. A known creditor who is mailed or handed written notice has until the later of four months after publication or 60 days after the written notice. If no notice is given, pre-death claims are barred 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.

If the probate estate's fair market value, minus liens and encumbrances, is $100,000 or less, a successor can collect money owed to the decedent, tangible personal property, and financial instruments (including securities) by affidavit. The affidavit can be used 30 days after death, and only if no application for a personal representative or summary administration is pending or granted anywhere. The statute covers personal property; it does not provide for transferring real estate.

Probate of wills and administration of estates may be assigned to magistrates of the district court (Idaho Code 1-2208). Every county courthouse has at least one public computer kiosk with publicly available case information, which can search cases and hearings without a party name or case number.