Benewah County District Court Guide

Thirty days after the death, a successor may collect the decedent's personal property from a bank or other holder by affidavit if the fair market value of the ENTIRE estate subject to probate, wherever located, less liens and encumbrances, does not exceed $100,000, and no application or petition for appointment of a personal representative or for summary administration is pending or granted anywhere (Idaho Code 15-3-1201). The affidavit is presented to the holder, not filed with the court, so there is no court filing fee. Real property COUNTS toward the $100,000 measure, but the affidavit moves personal property only and Idaho has no real-property affidavit, so an estate with land usually still needs another route for the land. Vehicles have a separate Idaho Transportation Department heirship affidavit (Idaho Code 49-514).

• At least 30 days have passed since the death
• The fair market value of the entire probate estate, wherever located, less liens and encumbrances, does not exceed $100,000
• No application or petition for appointment of a personal representative or for summary administration is pending or has been granted in any jurisdiction
• The affidavit is given to the bank or other holder, not filed with the court

Qualifies:

$100,000

Attorney:

not required by law, though many families use one

The $100,000 figure is not indexed; it was raised from $75,000 effective July 1, 2006 (2006 Idaho Sess. Laws ch. 160). Whether the surviving spouse's half of community property counts in the measure is not answered by the statute; see the state small-estate data.

After a personal representative is appointed and the inventory shows the estate is within the statutory sum, the personal representative may distribute without notice to creditors and close by a verified statement (Idaho Code 15-3-1203 and 15-3-1204). The appointment ends one year after the closing statement if nothing is pending. Idaho's sum has no family-allowance component because Idaho has no family allowance, and the homestead allowance and exempt property must be applied for (15-2-405).

• A personal representative has been appointed and has prepared the inventory and appraisal
• The estate, less liens and encumbrances, does not exceed the statutory sum
• The estate is not in supervised administration
• File a verified closing statement and send it to the distributees and known unpaid creditors (15-3-1204)

Qualifies:

No dollar figure. Available where the estate, less liens and encumbrances, does not exceed the sum of the homestead allowance ($50,000), exempt property (up to $10,000), costs of administration, reasonable funeral expenses, and last-illness medical and hospital expenses.

Attorney:

not required by law, though many families use one

Idaho is a Uniform Probate Code state. An application for informal probate or informal appointment goes to the registrar (a magistrate or judge of the district court) without a hearing, no sooner than five days after death for a statement of informal probate (Idaho Code 15-3-302) and 120 hours for an appointment. A formal testacy or appointment proceeding is decided after notice and hearing, and supervised administration keeps the estate under the court's continuing authority. Within 30 days after appointment the personal representative must inform the heirs and devisees (15-3-705); the inventory is due within three months (15-3-706); an estate may be closed by sworn statement no earlier than six months after appointment (15-3-1003). Testacy and appointment proceedings generally may not be started more than three years after death (15-3-108). Idaho is a community property state, so the decedent's half of community property and all separate property are administered here.

• File with the clerk of the district court in the county of the decedent's domicile at death (Idaho Code 15-3-201)
• Deliver the original will if there is one, plus a certified death certificate
• Send the information to heirs and devisees within 30 days after appointment (15-3-705)
• Prepare the inventory within three months after appointment (15-3-706)
• Close no earlier than six months after appointment (15-3-1003)

Qualifies:

No dollar threshold. This is the ordinary route for an Idaho estate that does not fit a small-estate route.

Filing fee:

$166

source

Attorney:

not required by law, though many families use one

In Idaho, informal and formal are procedures, not fee tiers: both formal probate and informal probate open for $166.00 under IRCP Appendix A.

The surviving spouse files a verified petition (with the original will if there is one). After notice under Idaho Code 15-1-401 and a hearing, at which the petitioner may appear by telephone or by affidavit, the court decrees that the spouse is the sole heir or devisee; the decree has the effect of a formal decree of distribution. The spouse assumes and is liable for all of the decedent's debts, and there is no administration (Idaho Code 15-3-1205).

• The surviving spouse is the sole devisee or heir
• Verified petition, with the original will if the decedent left one
• Notice of hearing under Idaho Code 15-1-401
• The spouse accepts liability for the decedent's debts

Qualifies:

No dollar cap. Available when the surviving spouse is the sole heir or devisee of the decedent.

Attorney:

not required by law, though many families use one

A formal testacy proceeding is litigation to determine whether the decedent left a valid will, commenced by petition and decided after notice and hearing. It may, but need not, include a request to appoint a personal representative. While it is pending the registrar may not act on an informal application (15-3-401).

• File a petition for formal testacy and/or appointment
• Give notice of the hearing to interested persons under 15-1-401
• The same inventory, creditor-notice and closing rules then apply

Qualifies:

No dollar threshold. Used where the will is disputed, heirs are uncertain, or someone wants a court order.

Attorney:

not required by law, though many families use one

An application goes to the registrar (a magistrate or judge of the district court) without a hearing. The registrar issues a statement of informal probate once at least five days have passed since the death (15-3-302) and appoints a personal representative once at least 120 hours have passed (15-3-307), delaying to 30 days for a nonresident decedent unless the domiciliary personal representative applies or the will selects Idaho law. Idaho adds a registrar finding the model code lacks: a statement of intestacy where the estate is entirely community property and there is a surviving spouse (15-3-303(a)(8)). The only notice of the application itself goes to persons who demanded notice and, for appointment, persons with a prior or equal right to appointment (15-3-306, 15-3-310). Within 30 days after appointment the personal representative must inform the heirs and devisees (15-3-705).

• File the application with the district court in the county of the decedent's domicile
• Deliver the original will to the registrar if there is one; a will with an attestation clause showing proper execution is probated without further proof (15-3-303(c))
• Within 30 days after appointment, send the heirs and devisees the information required by 15-3-705
• Publish notice to creditors if the estate wants the four-month claim bar (15-3-801)
• Prepare the inventory within three months after appointment (15-3-706)
• Close by verified statement no earlier than six months after appointment (15-3-1003)

Qualifies:

No dollar threshold. The ordinary route for an uncontested Idaho estate.

Attorney:

not required by law, though many families use one

A single in rem proceeding under the continuing authority of the court until an order approving distribution and discharging the personal representative. A supervised estate cannot be closed by the ordinary sworn closing statement (15-3-1003) or the summary closing statement (15-3-1204).

Qualifies:

No dollar threshold.

Attorney:

not required by law, though many families use one

Thirty days after the death, anyone owing the decedent a debt or holding the decedent's tangible personal property or instruments must pay or deliver to a successor who presents a compliant affidavit. The affidavit is presented to the holder, not filed with the court. No application or petition for appointment of a personal representative or for summary administration may be pending or granted anywhere.

• 30 days have elapsed since the death
• The fair market value of the entire probate estate, wherever located, less liens and encumbrances, does not exceed $100,000
• No application or petition for appointment of a personal representative or for summary administration is pending or has been granted in any jurisdiction
• The claiming successor is entitled to the property, including as a trust under the decedent's will

Qualifies:

$100,000 or less, measured as the fair market value of the entire estate subject to probate, wherever located, LESS liens and encumbrances. Real property counts in that measure but the affidavit only collects personal property.

Attorney:

not required by law, though many families use one

See small-estate.json for the full condition list, including the unresolved community-property question and the pre-July-2006 $75,000 figure.

After appointment and the inventory, the personal representative may distribute without giving notice to creditors and close by a verified statement at any time after distribution (15-3-1204). The appointment terminates one year after the statement if nothing is pending. Idaho's sum has no family-allowance component because Idaho has no family allowance.

• A personal representative has been appointed and prepared the inventory and appraisal
• The estate, less liens and encumbrances, does not exceed the statutory sum
• The estate is not in supervised administration and the court has not prohibited it
• File a verified closing statement and send it to all distributees and known unpaid, unbarred creditors

Qualifies:

NO DOLLAR FIGURE. Available where the estate, less liens and encumbrances, does not exceed homestead allowance, exempt property, costs and expenses of administration, reasonable funeral expenses, and last-illness medical and hospital expenses.

Attorney:

not required by law, though many families use one

The surviving spouse, or someone claiming through the spouse, files a verified petition (with the original will if there is one). After notice under 15-1-401 and a hearing, at which the petitioner may appear by telephone or by affidavit, the court decrees that the spouse is the sole heir or devisee; the decree has the effect of a formal decree of distribution. The spouse assumes and is liable for all of the decedent's debts, and there is no administration.

• The surviving spouse is the sole devisee or heir
• Verified petition, with the original will if the decedent died testate
• Notice of hearing under 15-1-401
• The spouse accepts liability for all claims against the estate

Qualifies:

No dollar cap. Available when the surviving spouse is the sole devisee or heir.

Attorney:

not required by law, though many families use one