Idaho Law Blog
As an estate planning attorney I find that my clients are often very quick to come see me after their loved one has passed away. In some instances people come to see me within a day or two So that they can get an idea of the steps that they need to take in order to preserve the decedent’s property and make sure that it is delivered to the right person. However, this is not always the case.
During my career I have often had family members come to me several years after the decedent has passed away to help them transfer property. This usually occurs when the family wants to sell a home or other real estate that still has the decedent’s name on it. The family discovers that they are unable to sell the property because they do not have the correct title to the property.
In these instances I always ask to see the will of the decedent. Idaho has law concerning how long a family has to properly probate a written will before it will become invalid. According to the applicable statute: “No informal probate or appointment proceeding or formal testacy or appointment proceeding . . . may be commenced more than three (3) years after the decedent’s death.” Idaho Code § 15-3-108.
However, there is an exception that is worth noting. When a person is missing, or it is impossible to establish the death of a person,
Appropriate probate, appointment or testacy proceedings may be maintained in relation to the estate of an absent, disappeared or missing person for whose estate a conservator has been appointed, at any time within three (3) years after the conservator becomes able to establish the death of the protected person.
Idaho Code § 15-3-108(2).
When this is the factual situation,
The date on which a testacy or appointment proceeding is properly commenced shall be deemed to be the date of the decedent’s death for purposes of other limitations provisions of this code which relate to the date of death.
Idaho Code § 15-3-108(3).
If you have questions about whether a last will and testament can be properly probated, we can help. 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 Idaho Estate Planning problems.
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