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An informal probate simply means that the probate is filed with the court, but it is not supervised by the court.
First, a probate is required in Idaho anytime an estate has a value of $100,000 or more regardless of the property that is contained in the estate. (Idaho Code § 15-3-1201). Second, a probate is required in Idaho anytime an estate holds any real property, regardless of the value of the real property.
Idaho has a simplified probate process for small estates. To use it, an executor files a written request with the local probate court asking to use the simplified procedure. The court may authorize the executor to distribute the assets without having to jump through the hoops of regular probate.
Letters Testamentary: The instrument by which a probate court approves the appointment of an executor under a will and authorizes the executor to administer the estate. Testate: A person who has died, leaving a valid will.
In order to do this, you'll need to be able to prove to the relevant authorities that you have control over the estate. Usually, this is managed by showing them a copy of the Grant of Probate if a Will is in place, or Letters of Administration, if the estate has been passed into intestacy.
Probate in Idaho must generally be commenced within 3 years of the decedent's death; however, the small estate affidavit and summary administration tools discussed above can be used anytime after death and are not limited to the 3 year rule.
When is Probate Required in Idaho? In Idaho, probate is required if you own any real estate or if you own possessions with a total value of $100,000. The only situation where probate is not required is if you die without any real estate and you leave total assets of less than $100,000.
How To Apply For The Grant Of Letters Of AdministrationConsult a probate specialist to discuss the details and value of the estate.Apply for the application.Prepare the necessary tax forms to attach to the probate form for signature.Send the application to the probate registry for approval.More items...
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.