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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.
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.
Ing to Idaho's applicable statutes, (I.C. § 15-3-108) a regular probate must be completed within 3 years of a person's death. Again, this is regardless of whether the person who died had a written last will and testament or not.
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.
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.
If the decedent had no will (intestate) or had a will (testate) or owned personal property with a net value of more than $100,000, or owned real property, then Informal Probate may be the appropriate method to handle the estate.
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.
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.