When a loved one passes away, you need your time and space to grieve, but the list of what needs to be done can feel endless—tracking down accounts, paying bills, sorting out family property.
From Idaho Falls to Twin Falls, Boise to Coeur d’Alene, Post Falls to Pocatello, and Sandpoint to Salmon, families across Idaho trust Alan R. Harrison Law to help them settle a loved one’s affairs through probate: the court process that makes sure debts are paid, property is transferred properly, and everyone’s rights are protected.
Whether your family farm sits outside Burley, your parents’ home is in Meridian, or you’re managing property in Grangeville or Sun Valley, we’re here to help you navigate Idaho’s probate process with clarity and care.
Probate is the legal process that makes sure a person’s money, property, and debts are handled correctly after they pass away. This often means:
Sometimes probate is simple. For example, a parent in Hailey leaves behind a clear will and children who all agree on how things are being distributed. Other times, there’s no will at all, or disagreements over who gets what, especially if there’s land or family heirlooms involved.
No matter how straightforward or complicated your family’s situation is, we explain what’s required, handle the court filings, and guide you through every step.
Not always. Certain assets, like joint bank accounts or bank and investment accounts or insurance policies with named beneficiaries, can bypass probate. But in Idaho, many estates still need some court supervision—especially if there’s property in the deceased person’s name, or if creditors need to be paid.
Families often call us just to confirm whether probate is needed or to learn how to make the process faster and simpler.
How long does it take?
Some Idaho estates wrap up in a few months. More complex cases may take closer to a year or longer. We help avoid delays by staying organized and on top of deadlines.
Do we need to go to court in person?
This depends on the county and the type of case. In many situations, a personal representative can be named without the need to appear in court. In some counties, required hearings can be done virtually. We’ll let you know what to expect and handle as much as possible for you.
What if family members disagree?
Disputes happen, especially when grief and money mix. Our Collaborative Legal Planning Process™ aims to head off misunderstandings early and settle conflicts fairly if they arise. While we do not offer probate litigation services, we do our best to get everyone working together to finalize the estate.
Probate can be one of the hardest times for a family. You don’t just need a lawyer—you need a steady hand and a clear plan. Here’s how we help:
Idaho know-how: We handle probate cases in courts across the state—from Idaho Falls, Blackfoot, and Rexburg to Lewiston, Moscow, McCall, and Orofino.
Personal approach: We break down legal jargon into plain language. No surprise fees, no guessing what comes next.
Real-life experience: Many on our team have settled estates for their own families. We know firsthand the mix of sadness and stress—and how to lighten that load for you.
You don’t have to tackle probate alone. Let us help you manage the legal process so you can focus on what matters most—taking care of your family and preserving your loved one’s legacy. Together, we’ll plan today for tomorrow’s success.
While our roots are in Idaho Falls, we regularly assist families in Boise, Meridian, Eagle, Caldwell, Twin Falls, Burley, Gooding, Jerome, Coeur d’Alene, Post Falls, Sandpoint, Lewiston, Grangeville, and more.
No matter where you call home, you don’t have to handle probate alone.
These documents allow someone you trust to step into your shoes and make decisions when you're unable to communicate or act for yourself—whether temporarily or permanently.
A healthcare power of attorney gives your chosen agent the ability to make medical decisions if you’re injured or ill and can’t communicate your wishes. Paired with a HIPAA release, it ensures your loved ones can access your medical records, speak with doctors, and coordinate care.
For example, if you're in a farming accident near Rupert or have a skiing injury in Sun Valley, your healthcare agent can speak directly with medical professionals to make decisions in your best interest—even if you're being airlifted to a larger hospital hours away. And in more rural towns like Arco or Preston, where hospital access may be limited, it helps streamline coordination across different providers.
A financial power of attorney authorizes someone to manage your money, pay bills, handle property, and make other financial decisions on your behalf.
Let’s say a retired teacher in Moscow has early-stage dementia and wants her son in Nampa to help manage her finances as her condition progresses. A financial power of attorney gives her son the legal ability to pay her bills, manage retirement income, and make property decisions when she can’t do so herself.
You can name the same person for both roles, or choose different agents depending on your family dynamics. For example, someone living in Lewiston might name her brother—an EMT in Coeur d’Alene—to make healthcare decisions, but choose her daughter in Boise to handle banking and property matters.
We help you think through who in your life is best suited for each responsibility—and how to talk with them about what you want.
While guardianship is about personal and medical choices, conservatorship gives you the legal ability to manage someone’s money, property, and financial affairs. For example, you might need a conservatorship if:
Not everyone who needs a guardian also needs a conservator—and vice versa. We help you figure out what protections are truly necessary, and we prepare every legal document the court will need.
Our team makes sure the financial side of care stays secure—without surprises down the road.
Many law firms handle forms, filings and the hearing. We go further. Our team includes people who have been caregivers and guardians themselves, so we know the emotions families feel. We use our Collaborative Legal Planning Process™ to work through complex family dynamics, explain your responsibilities in plain language, and make sure you feel supported every step of the way.
The Collaborative Legal Planning Process™ was developed after years of assisting families obtain guardianship and conservatorship for their loved ones with special needs.
It is important to know that guardianship and conservatorship are not appropriate for every person with special needs, and the Collaborative Legal Planning Process™ helps families identify the appropriate level of support needed to help their family member be safe, protected, loved, happy, and to the greatest extent possible, self-reliant.
As part of your Collaborative Legal Plan™, we spend time with you to understand the individual who needs support and your family, so that we can help you identify the goals of your plan. If it is determined that guardianship and/or conservatorship is an appropriate option, we help you gather supporting medical reports and create the documents required by the Court.
From the courts in Bannock and Bonneville counties to remote areas in Lemhi or Idaho County, we work across the state. In many areas, we can appear virtually depending on the court’s policies. If travel is needed, we’ll talk with you about what makes the most sense for your case.
Guardianship and conservatorship decisions can be emotional and complex, but with the right help, they don’t have to be overwhelming. If you think someone you love may need this kind of legal protection, let’s talk about what’s right for your family. We’re ready to help you plan today for tomorrow’s security.
Probate is when the Court appoints a personal representative to distribute the assets of a deceased person according to a will. If you would like to learn more, you can read about probate in Idaho Code, Title 15, Chapter 3.
If the person did not create a will (or a trust), their estate is called “intestate” and the court appoints a personal representative to distribute the estate according to Idaho’s intestate laws. If you would like to learn more, you can read about intestate succession in Idaho Code, Title 15, Chapter 2.
Idaho Code Title 15, Chapter 2 (Intestate Succession)
Idaho Code Title 15, Chapter 3 (Probate)
Probate is required anytime a person dies with a will and has an estate that includes real estate such as a home or land. Probate is also required if the value of personal property is over $100,000.
If there is no real estate AND the value of all other personal property is less than $100,000, then a small estate affidavit may be used instead of completing the probate process. If you would like to learn more, you can read about small estate affidavits in Idaho Code, Title 15, Chapter 3, Part 12.
If all assets are in a trust, or the assets left outside the trust do not include real estate or personal property valued over $100,000, probate is not required.
Personal property is almost everything a person owns EXCEPT for real estate. (Also known as real property). Real estate includes a home, a building or land. In other words, things that cannot move to another location. Personal property can include vehicles, jewelry, collectibles, furniture, electronics, appliances, and anything else that can be moved.
Most personal property is transferred in a personal property memorandum attached to a will or trust. It is important to know that in Idaho, a personal property memorandum can NOT be used to transfer ownership of a vehicle or any property with a title, money, evidence of debt, real property or interests in real property, securities (such as stocks or bonds), or property used in a business. These items require specific documents or distribution within an estate plan.
If you would like to read Idaho’s complete definition of real property, you can find it in Idaho Code, Title 55, Chapter 1.
If you would like to see the definition of personal property you can find it at Idaho Code § 55-102.
Idaho Code Title 55, Chapter 1 (Property and Ownership)
Idaho Code § 55-102 (Personal Property)
If someone passes away in Idaho without a will, the process of handling their estate is called “intestate succession.” This means the court decides how the person’s assets will be distributed according to Idaho law.
Here’s how it usually works:
If the deceased was married: The spouse might inherit everything, depending on whether there are children from a previous relationship or surviving parent(s) of the deceased.
If the deceased had children or surviving parent(s): The estate may be divided between the spouse and children or surviving parent(s).
If the deceased did not have a spouse or children: The estate goes to other family members like parents, siblings, or even more distant relatives.
Without a will, it can take longer to settle the estate, and Idaho’s intestate succession laws determine who inherits. If you’re in this situation, the team at Alan R. Harrison Law can help answer your questions and guide you through the process.
If you’ve been named in a will—whether as a beneficiary or as a personal representative—here’s what you should do:
Locate the Will: The first step is to find the original will, which might be stored in a safe, file cabinet, or with an attorney.
Contact a Lawyer: Reach out to an Idaho probate lawyer to file the will with the court in the county where the deceased lived. Filing is a required step to begin the probate process and ensure the will is legally valid.
Understand Your Role: If you’re a beneficiary, you’ll need to wait for the probate process to be completed before you receive anything. If you’re the personal representative, you’ll need to handle the responsibilities listed below.
A probate lawyer can make sure everything is done legally and efficiently, reducing stress and avoiding mistakes. Contact our team to learn more about your options or responsibilities, and how we can guide you through the process.
A personal representative, sometimes known as the executor, is appointed by the court to manage the probate process. It’s an important role with several responsibilities, including:
Collecting Assets: Locating and valuing all property, bank accounts, and other belongings.
Paying Debts and Taxes: Making sure any outstanding debts, bills, and taxes are paid before distributing the estate.
Notifying Beneficiaries and Creditors: Letting everyone know about the probate process, including heirs and anyone owed money by the estate.
Distributing Assets: Following Idaho law to divide and give the remaining assets to the rightful heirs.
A personal representative has a fiduciary duty, which is defined as the legal responsibility to act in the best interest of the estate and its beneficiaries. Failing to manage these responsibilities can result in personal liability, so it’s essential to follow Idaho probate laws carefully.
This role requires honesty, organization, and compliance with Idaho probate laws. If you’ve been appointed and are unsure where to start, Alan R. Harrison Law can help you handle your duties properly.
The length of probate in Idaho depends on the size and complexity of the estate, but it typically takes 6 to 12 months. Factors that slow probate include disagreements among beneficiaries, incomplete paperwork, or complexities like locating missing beneficiaries. Smaller estates or those with complete documentation may qualify for simplified probate procedures in Idaho, potentially reducing the timeline. Contact us today to help you plan today for tomorrow’s success.
We’re happy to sit down with you, answer your questions, and talk through your options—at your pace, and on your terms.
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