Probate Explained by Idaho Lawyer

Probate Explained by Idaho Lawyer

What is probate? Probate is the legal process that is usually required when a person dies.  It normally consists of four steps.

First, if there is a Will, the attorney for the person named as the Executor in the Will submits a request to the probate court for a determination that the Will is the last Will which was made by the person who has passed away.  Once the court agrees that the Will that was submitted is the last Will of the decedent, then the instructions in that Will (with respect to who is to inherit the property and who is to be the guardian of any minor children) are then followed by the Executor and the family.

If there is no Will, then usually a lawyer representing either the surviving spouse or a child will submit a request for the court to confirm that there was no Will.  In that case, the question of who is to inherit the possessions of the person who has died is determined according to several statutes that dictate who the heirs will be in the absence of a Will.  If there are minor children and no surviving parent, the court will also appoint a guardian for those children.

Whether or not there is a Will, the court’s decision will determine who will serve as the Executor (the person responsible to make sure that the rules are followed, the bills paid, and the assets distributed to the rightful heirs).

Second, with the help of his or her attorney, the Executor then looks for and gathers up all of the property which the decedent owned when he or she passed away.

Third, any debts that were owed by the deceased person are determined and paid by the Executor (but only to the extent of the decedent’s assets).

Finally, the lawyer will assist the Executor in making sure that the remaining assets are distributed to the heirs in accordance with the Will (or in the manner dictated by Idaho law in the event there was no Will).  The Executor usually has some flexibility to determine whether (1) to liquidate assets and distribute cash or (2) to distribute different assets to different heirs.

Why is Probate Required in Idaho? Whether the person who passed away lived in Boise, Meridian, Eagle, Nampa, Caldwell, or anywhere else in Ada or Canyon County, probate serves several purposes.  It insures that all parties are dealing with the last Will which was written by the person who passed away.  It provides a means to flush out creditor claims in a short period of time so that, when the assets are distributed to the heirs, there can be assurance that creditor claims which surface thereafter will not jeopardize the inheritance once it has been distributed.  And it provides an arena within which disputes between heirs, family members, and/or creditors can be argued by their lawyers and attorneys and adjudicated by the Idaho probate court judge.

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Whether you live in Boise, Meridian, Eagle, Star, Nampa, or other nearby communities – in fact, anywhere in Ada County or Canyon County – for additional easy-to-understand information on Wills, Trusts, probate, and estate taxes, visit the user-friendly website at BarryPeters-Law.com.  Then call Idaho attorney Barry Peters’ offices at (208) 939-2600 for an expedited appointment to begin the process of setting up your own Living Trust.  Or, if you have questions, please call Barry for a free telephone consultation or visit his Q & A pages at BarryPeters-Law.com/common-questions .  As always, your total satisfaction is guaranteed by Barry Peters, Attorney at Law, where all clients receive individual attention to the details of their unique circumstances.