Probate: What is it?

by | Apr 7, 2018 | Uncategorized | 0 comments

Probate is a legal proceeding designed to ensure that the property and possessions of a person who has passed away are inherited by the correct persons.  And, if the person who passed leaves minor children, it also makes certain that those children are raised by the best person for the job.

The process begins with a petition to the court for the appointment of an Executor.  If the person left a Last Will and Testament, the person named as Executor in the Will will normally be the one  appointed by the court.

If the person did not leave a Will, then Idaho’s statutes dictate who has priority among those who are willing to serve.

After the Executor is appointed, he or she will round up the property and possessions of the person who passed away.  Then the appropriate bills will be paid.  Finally, the remaining property of the estate will then be distributed to the correct heirs.

Although the process is simple in concept, it is often tedious and expensive in practice.  For that reason, many people look for ways to avoid probate for their loved ones.  And for those who wish to spare their family the time and expense of going through probate, setting up a Family Trust or Living Trust is almost always the preferred method for doing so.


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Daniel Patchin

Benjamin Monaghan, Attorney

Benjamin Monaghan