Probate in Idaho is controlled by its statutes and is fairly straightforward. However, there are several different varieties of probates that exist according to Idaho statutes. The type of Idaho Probate that a person will need as a surviving spouse really depends on their circumstances and situation. Here are 3 types of Idaho Probates a surviving spouse should know about.
1. An Affidavit of Heirship
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. The key here is that you can only deal with personal property. Anytime a surviving spouse is dealing with an estate whose value is worth $100,000 or more and/or that contains real estate such as a home, an Affidavit of Heirship will not work. Under these circumstances the surviving spouse must choose between two Idaho Probate options that are described below.
2. A Summary Proceeding
Idaho statutes provide for a summary proceeding for a surviving spouse where the surviving spouse is the sole beneficiary of the spouse that passed away. There are a number of circumstances where this particular Idaho probate option will work. Because part of a probate proceeding is to give creditors an opportunity to make claims against the estate, the key in a Summary Proceeding is that any debt of the decedent spouse will be taken care of by the surviving spouse. In other words, the debt does not evaporate simply because the decedent spouse passed away. The surviving spouse will be required to satisfy that debt.
In a summary proceeding all that needs occur is that a petition for a summary proceeding is filed and an order is issued by the court granting that petition and naming the surviving spouse as the personal representative. The order also states that the proceedings are summary and that the spouse has the immediate right to transfer any of the decedent’s property to herself.
3. An Informal Probate Proceeding
Anytime there are more beneficiaries than just the surviving spouse, and/or any of the beneficiaries are concerned about creditors claims against the decedent’s estate, then an informal probate is the next option available. In an informal probate proceeding a petition is filed with the court, an appointment of a Personal Representative is made, and then notice of the probate is published in the newspaper to give creditors an opportunity to make their claims against the estate.
Once that is completed there is a 4 month waiting period in which creditors can make claims. During this time the Personal Representative creates an inventory of the estate and prepares to distribute property but does not do so until the time for creditor’s claims has run. The final steps are to then deal with any creditor’s claims that come in, make distributions to beneficiaries, provide an inventory and report to the court, and then petition the court to close the estate.
A surviving spouse has many options for Idaho Probate. The type of Idaho Probate chosen depends upon the circumstances of both spouses at the time of death. For this reason, we recommend that a surviving spouse immediately contact an attorney and discuss the options that are available to them for properly completing an Idaho Probate.
Call us toll free at 877-232-6101 or 208-232-6101 for a consultation with Lane Erickson and the Racine Olson team of Estate Planning attorneys in Idaho. You can also email Lane Erickson directly at lve@racinelaw.net. We will answer your Idaho Estate Planning questions and will help you solve your personal estate planning needs.