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.

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 read Idaho’s complete definition of real property, you can find it in Idaho Code, Title 55, Chapter 1.

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.

If someone passes away in Idaho without a will, the process of handling their estate is called “intestate succession.” This means the court decides how the person’s assets will be distributed according to Idaho law.

Here’s how it usually works:

• If the deceased was married: The spouse might inherit everything, depending on whether there are children from a previous relationship.
• If the deceased had children: The estate is divided between the spouse and children.
• If the deceased did not have a spouse or children: The estate goes to other family members like parents, siblings, or even more distant relatives.

Without a will, it can take longer to settle the estate, and Idaho’s intestate succession laws determine who inherits. If you’re in this situation, the team at Alan R. Harrison Law can help answer your questions and guide you through the process.

If you’ve been named in a will—whether as a beneficiary or as a personal representative—here’s what you should do:

• Locate the Will: The first step is to find the original will, which might be stored in a safe, file cabinet, or with an attorney.
• Contact a Lawyer: Reach out to an Idaho probate lawyer to file the will with the court in the county where the deceased lived. Filing is a required step to begin the probate process and ensure the will is legally valid.
• Understand Your Role: If you’re a beneficiary, you’ll need to wait for the probate process to be completed before you receive anything. If you’re the personal representative, you’ll need to handle the responsibilities listed below.

A probate lawyer can make sure everything is done legally and efficiently, reducing stress and avoiding mistakes. Contact our team to learn more about your options or responsibilities, and how we can guide you through the process.

A personal representative, sometimes known as the executor, is appointed by the court to manage the probate process. It’s an important role with several responsibilities, including:

• Collecting Assets: Locating and valuing all property, bank accounts, and other belongings.
• Paying Debts and Taxes: Making sure any outstanding debts, bills, and taxes are paid before distributing the estate.
• Notifying Beneficiaries and Creditors: Letting everyone know about the probate process, including heirs and anyone owed money by the estate.
• Distributing Assets: Following the will or Idaho law to divide the remaining assets among the rightful heirs.

A personal representative has a fiduciary duty, which is defined as the legal responsibility to act in the best interest of the estate and its beneficiaries. Failing to meet these responsibilities can result in personal liability, so it’s essential to follow Idaho probate laws carefully.

This role requires honesty, organization, and compliance with Idaho probate laws. If you’ve been appointed and are unsure where to start, Alan R. Harrison Law can help you handle your duties properly.

The length of probate in Idaho depends on the size and complexity of the estate, but it typically takes 6 to 12 months. Factors that slow probate include disagreements among family members, incomplete paperwork, or complications like locating missing beneficiaries. Smaller estates or those with complete documentation may qualify for simplified probate procedures in Idaho, potentially reducing the timeline. Contact us today to help you plan today for tomorrow’s success.