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 and here.

Wit & Wisdom

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