Question 16: Is probate always required?
- Is probate required every time someone dies? Whether or not a particular situation must go through the probate process is determined by state law. The Idaho Code requires probate to occur 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, if the person did not own any real estate and had total assets worth less than $100,00000, probate is not required (though it is still permitted).
- For additional information on this topic, see blog discussion here.
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