Probate is the legal process of settling the estate of a deceased person. A will is validated, the assets of the deceased are inventoried, all debts and taxes are paid. Once it is determined who is entitled to the assets they are distributed to the named beneficiaries and heirs.
If there is a will it is validated. Typically a personal representative or executor is appointed in the will. If there is no will the court oversees the probate or appoints a personal representative.
How long will the probate process take?
It can take anywhere from a couple of months to years to complete, depending on the size of the estate, creditors, and other factors. The process can be either formal or informal.
Where is a will probated?
A will is probated in the county and state in which the testator (person who wrote the will) died. Property must be probated in the county where it is located. Therefore, if the testator owned property in another state, another probate process would be initiated in that state.
Do all assets go through probate?
No. Life insurance, retirement accounts, assets in a trust, and other accounts with a designated beneficiary will pass according to the beneficiaries you have designated with those accounts.
Should I put my property into a trust to avoid probate?
Idaho state laws regarding probate have made it easier and less expensive to probate a will, therefore it is normally not recommended to put assets into a trust just to avoid probate.
What happens to my assets if I die without a will?
If a person dies without a will, the courts term this intestate. The courts, according to Idaho law, will determine who will receive the property.
Do I need an attorney for the probate process?
If an individual needs help in understanding the legal requirements and process to ensure creditors are properly notified or title is properly transferred, it would be helpful to consult an attorney who is familiar with these legal requirements and processes. If you seek to contest a will, it is wise to retain a probate attorney who is familiar with the laws of Idaho.