Is Probate Always Required When a Person Dies?

Whether or not a particular situation must go through the PROBATE process is determined by state law.  The Idaho Code generally requires probate any time the person who died either (1) has assets with a value in excess of $100,00000 or (2) owned any real estate, regardless of value.  So, only the estates of persons who did not own any real estate and had total assets worth less than $100,00000, are not required to go through probate.

Having said that, it should be noted that even when probate is not technically required, it is sometimes a good idea, particularly when there are disputes between the heirs or when there are potentially large creditor claims.

For additional information on this topic — including a brief discussion of ways that will allow heirs to avoid probate and the pros and cons of each — see the blog discussion HERE.

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