Idaho Petition of Creditor of an Estate of a Decedent for Distribution of the Remaining Assets of the Estate

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US-02438BG
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Description

The following form is a Petition that adopts the "notice pleadings" format of the Federal Rules of Civil Procedure, which have been adopted by most states in one form or another.

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  • Preview Petition of Creditor of an Estate of a Decedent for Distribution of the Remaining Assets of the Estate
  • Preview Petition of Creditor of an Estate of a Decedent for Distribution of the Remaining Assets of the Estate
  • Preview Petition of Creditor of an Estate of a Decedent for Distribution of the Remaining Assets of the Estate
  • Preview Petition of Creditor of an Estate of a Decedent for Distribution of the Remaining Assets of the Estate

How to fill out Petition Of Creditor Of An Estate Of A Decedent For Distribution Of The Remaining Assets Of The Estate?

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FAQ

15-3-611. Termination of appointment by removal ? Cause ? Procedure. (a) A person interested in the estate may petition for removal of a personal representative for cause at any time.

(a) Upon the testate or intestate death of a person leaving a surviving spouse as the sole devisee or beneficiary, the surviving spouse (or any person claiming title to any property through or under such surviving spouse) may file a verified petition setting out marriage and the death of a person leaving a surviving ...

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. Additionally, a probate is required in Idaho anytime your name is on the deed to any real estate, homes, or land regardless of its value.

15-3-703. General duties ? Relation and liability to persons interested in estate ? Standing to sue. (a) A personal representative is a fiduciary who shall observe the standards of care applicable to trustees as described by section 15-7-302 of this code.

Ing to Idaho Code § 15-3-1201 et seq., after a family member or loved one passes away, an individual can use a small estate affidavit that specifically identifies them as the recipient of personal property owned by the decedent. The small estate affidavit has to have some specific language in it.

(1) Every person who is employed to serve in any elementary or secondary school in the capacity of teacher, supervisor, administrator, education specialist, school nurse or school librarian shall be required to have and to hold a certificate issued under authority of the state board of education, valid for the service ...

10-1201. DECLARATORY JUDGMENTS AUTHORIZED -- FORM AND EFFECT. Courts of record within their respective jurisdictions shall have power to declare rights, status, and other legal relations, whether or not further relief is or could be claimed.

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.

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Idaho Petition of Creditor of an Estate of a Decedent for Distribution of the Remaining Assets of the Estate