Skip to main content

Idaho

Probate

Simplify the probate process with our expert guidance for a smooth resolution of your loved one’s estate.

Probate is the legal process by which a Judge determines if a will is valid, appoints a Personal Representative. The Court appointed Personal Representative is responsible for handling the deceased person’s financial matters, distributing the deceased person’s estate, and responsible for carrying out any judicial decision regarding any disputes.

Probate

At Idaho Estate Planning, we understand that probate is an intricate and extensive legal process. The probate process is designed to achieve the proper management and distribution of a deceased person’s estate. It’s a complex journey that requires precise knowledge and compassionate handling. With our experienced legal team, we will help you navigate the probate process with confidence and clarity.

Our services in this area may include:

  • Preparation of legal pleadings and motions
  • Representation during court proceedings
  • Handling creditor claims and Providing Notice to Creditors
  • Provide guidance with financial matters related to the estate
  • Supervision of estate distribution
  • Resolution of disputes and potential conflicts

Probate is more than a legal requirement, it is a respectful acknowledgment of a life’s legacy. With our careful and personalized approach, we strive to make sure that your loved one’s wishes are honored, their assets are responsibly managed, and their legacy continues with integrity. At Idaho Estate Planning, we stand by you at every step of the way, making a complex process as seamless and thoughtful as possible.

Schedule a Consult

Our Probate Process

1

Discovery/Right Fit™ Meeting

You’ll meet with our team to learn more about us, our process, and the ways we can help you. This meeting is complimentary as we want to ensure a good fit.
2

Collect Documents & Information

Once you’ve hired us, we’ll help gather the documents and information needed to move forward. This can be overwhelming and frustrating, even in the best cases, so we’ll be with you every step of the way.
3

Notary Appointment

Once all required documents and information are ready, our notary will handle the signatures and notary for the documents required by the Court.
4

Court Filing

Now we file with the court and contact you after your personal representative/executor has been appointed.
5

Taking Care of Business

During this step, we'll be working together to take care of all the items necessary to complete the Probate Court requirements. Probate Court requirements include publishing a notice to creditors, paying expenses, filing taxes, selling property and other tasks.
6

Wait for Claim Period

There is a four-month waiting period after we publish notice to creditors. We’ll take care of the publication and notification and let you know if anything comes up during this time.
7

Distribute and Close Probate

Once the four months are over, we will help you make distributions, and collect paperwork and receipts from the heirs. Next, we file closing documents with the Court, and this ends the Probate process. We’ll be here if you have any questions or issues.

Frequently Asked Questions

What is probate in Idaho, and why is it an important in estate planning?

Probate is a court proceeding where a judge grants authority to an executor to transfer assets from a decedent to their heirs. Probate proceedings can be expensive and time-consuming. Additionally, the court proceeding, and associated documents are all a matter of public record. Many people choose to avoid probate to save money, spare their heirs a legal hassle, and keep their personal affairs private.

Is probate required if I have a will?

If you have a will in Idaho, it is likely it will go through the probate court to validate the will, identify creditors and insure proper asset distribution. Not all estates go through probate in Idaho. Use of a trust can avoid probate and save time and expenses.

What is involved in the probate process in Idaho?

The probate process in Idaho involves filing the will (if one exists) with the appropriate court, appointing a personal representative (executor), identifying and valuing assets, notifying creditors, paying debts and taxes, resolving disputes, and distributing the remaining assets to beneficiaries.

How long does probate usually take in Idaho?

The duration of probate in Idaho can vary depending on the complexity of the estate, possible disputes, and the court’s workload. Plan for 6 – 18 months.

How can an Estate Planning attorney assist with probate in Idaho?

A probate attorney provides legal experience. They understand the complexities of Idaho probate law. They can guide the personal representative (executor) in fulfilling their duties, prepare and file necessary court documents, communicate with creditors and beneficiaries, ensure proper asset valuation, and handle any disputes that may arise. Idaho Estate Planning’s experienced attorneys can help you streamline the process.

On The Blog

Filter

Save the Heartache, Have a Plan
BlogEstate Planning

Save the Heartache, Have an Estate Plan

Even though Valentine's Day has passed (and now the candy is on sale) we still…
Assembling your Personal Board of Advisors
BlogEstate Planning

Assembling your Personal Board of Advisors

The theme for this year is Assembling your Personal Board of Advisors. One thing that…
No Place Like Home: A Virtual Conference on Aging in Place
BlogEstate PlanningVideo

No Place Like Home: A Virtual Conference on Aging in Place

According to a survey conducted by AARP, 3 in 4 Americans want to age in…