Idaho Heirship or Descent Affidavit Questionnaire

Category:
State:
Multi-State
Control #:
US-Q1018
Format:
Word; 
Rich Text
Instant download

Description

This form addresses important considerations that may effect the legal rights and obligations of the parties in a heirship matter. This questionnaire enables those seeking legal help to effectively identify and prepare their issues and problems. Thorough advance preparation enhances the attorneys case evaluation and can significantly reduce costs associated with case preparation.



This questionnaire may also be used by an attorney as an important information gathering and issue identification tool when forming an attorney-client relationship with a new client. This form helps ensure thorough case preparation and effective evaluation of a new clients needs. It may be used by an attorney or new client to save on attorney fees related to initial interviews.


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FAQ

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.

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.

Anyone with an interest in the estate can file an objection to the petition. If no objection is filed, or after any objections are resolved, the court issues an order appointing the Personal Representative and issues letters testamentary.

In Idaho a surviving spouse can choose to do a simple Affidavit of Heirship as their Idaho probate when certain circumstances exist. An Idaho Affidavit of Heirship is a wonderful mechanism used to transfer personal property to the surviving spouse without the requirement of filing a probate with the Idaho courts.

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.

Trusts Can Avoid Probate A trust is an effective tool to avoid probate in Idaho. A trust can hold virtually any asset, including real property, bank accounts, and vehicles. A valid trust will transfer ownership of your property to yourself as the trustee.

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.

Additionally, to qualify as a small estate the statutes also require that the "fair market value of the entire estate of the decedent which is subject to probate, wherever located, less liens and encumbrances, does not exceed $100,000." Idaho Code § 15-3-1201(a)(1).

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Idaho Heirship or Descent Affidavit Questionnaire