Question 17: Must spouse go through probate?
- Is a surviving spouse required to go through probate? The fact that a person was married at the time he or she passed away does not mean that probate is not required. A surviving spouse does not automatically inherit the property of the deceased spouse. Because Idaho law permits a married person to leave his or her property to a child, a friend, or a charity, the law requires that a probate proceeding occurs to determine who is really entitled to inherit the decedent’s property even when there is a surviving spouse.
- For extended information on this subject, see blog discussion here.
Wit & Wisdom
Never attribute to malice that which can be adequately explained by stupidity.
Testimonials
I've worked with Barry for years and have found him to be the rare lawyer who is both talented and looking out for my best interest. Highly recommended.
