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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.
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.
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.
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.
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.