After a loved one dies, many families have questions about how to distribute the property, money, and belongings left behind.
In Idaho, wills go through a process known as probate before those assets can be distributed. Let us help you through the process of filing the correct paperwork with the Court and completing any needed steps so you can distribute their assets as your loved one desired.
Probate Made Simple
If you would like to schedule a time to talk to our team to see if your loved one’s estate needs to go through the probate process, click the link below and a Specialist will connect with you for a free consultation.
Probate is when the Court appoints a personal representative to distribute the assets of a deceased person according to a will. If you would like to learn more, you can read about probate in Idaho Code, Title 15, Chapter 3
If the person did not create a will (or a trust), their estate is called “intestate” and the court appoints a personal representative to distribute the estate according to Idaho’s intestate laws. If you would like to learn more, you can read about intestate succession in Idaho Code, Title 15, Chapter 2
Is probate required in Idaho?
Probate is required anytime a person with a will dies and has an estate that includes real estate such as a home or land. Probate is also required if the value of personal property if over $100,000.
If there is no real estate AND the value of all other personal property is less than $100,000, then a small estate affidavit may be used instead of completing the probate process. If you would like to learn more, you can read about small estate affidavits in Idaho Code, Title 15, Chapter 3, Part 12.
If all assets are in a trust, or the assets left outside the trust do not include real estate or personal property valued over $100,000, probate is not required.
What is personal property?
Personal property is almost everything a person owns EXCEPT for real estate, (also known as real property). Real estate includes a home, a building or land. In other words, things that cannot move to another location. Personal property can include vehicles, jewelry, collectibles, furniture, electronics, In appliances, and anything else that can be moved.
Most personal property is transferred in a personal property memorandum attached to a will or trust. It is important to know that in Idaho, a personal property memorandum can NOT be used to transfer ownership of a vehicle (or any property with a title), money, evidence of debt, real property (or interests in real property), securities (such as stocks or bonds), or property used in a business. These items require specific methods of distribution within an estate plan.
If you would like to see the definition of personal property, also called tangible personal property, you can find it in Idaho’s sales tax laws, specifically Idaho Code, Title 63, Chapter 36.
Schedule an Appointment
We make it easy for you to start the Collaborative Legal Planning Process™. You can choose to fill out a short questionnaire and schedule a complimentary 15-minute appointment to talk about getting started, or if you are ready to get started, you can schedule your first planning meeting.
