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Settling an Estate in Idaho The will and a petition to open probate is filed with the court. An executor or personal representative is chosen and approved by the court. They receive documents that allow them to act on behalf of the estate. The executor must notify the heirs that probate is open.
Specifically, in Idaho a probate is required after you die anytime your estate includes any assets that have a value of $100,000 or more.
If you factor in all fees, the cost of a probate attorney and any Executor fees, a basic, simple probate could average somewhere between around $2,000 - $3,000. Of course this range could drastically change depending on how complicated the estate is and other factors we've mentioned.
Idaho probate follows this general flow: contact the court, get appointed as personal representative, submit will if it exists, inventory and submit valuations of all relevant assets, have the court and beneficiaries approve it, and then distribute the assets to beneficiaries.
As the names suggest, informal probate involves the least amount of judicial supervision and does not involve appearing before the Court whereas formal probate includes direct involvement by the Court and attendance at Court hearings.
Under normal circumstances, as listed above, a probate must be completed within 3 years of a person's death. However, Idaho has a specific statute that allows for a joint probate to be completed for both spouses regardless of how much time has gone by since the first spouse passed away.
(d) Informal probate of a will that has been previously probated elsewhere may be granted at any time upon written application by any interested person, together with deposit of an authenticated copy of the will and of the statement probating it from the office or court where it was first probated.
The first method is by an affidavit. This is only for certain small estates and does not involve the court. The other three are court proceedings. The first is called Informal Probate, the second is Formal Probate and the third is Summary Administration of Estate where Surviving Spouse is Sole Beneficiary.