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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.
An Idaho small estate affidavit, or 'Form CAO Pb 01', is a legal document that can be used by the heirs or beneficiaries of a person who died and left behind an estate not exceeding $100,000.
Summary administration is a simplified and expedited method, under Idaho law, for distributing a decedent's estate. Summary administration for a survivng spouse is available under Idaho Code § 15-3-1205.
If you do want to avoid probate in Idaho here are four specific ways that it can be done. Spend Your Estate on Yourself. ... Give Your Estate Away While You are Alive. ... If You are a Surviving Spouse, use a Summary Administration. ... Use a Trust.
There are only two ways that a person can be chosen to be the executor. The first and the best way is when a person has a written last will and testament where they nominate who they want to appoint as their executor.
As part of the probate process, letters testamentary are issued by your state's probate court. To obtain the document, you need a copy of the will and the death certificate, which are then filed with the probate court along with whatever letters testamentary forms the court requires as part of your application.
(g) A personal representative appointed by a court of the decedent's domicile has priority over all other persons except where the decedent's will nominates different persons to be personal representative in this state and in the state of domicile.
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.