Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney to discuss your specific situation.
Detailed Answer
Under Idaho law, a spouse or dependent may claim a year’s allowance in lieu of other allowances. Idaho Code Title 15, Chapter 2 provides the framework. When a personal representative administers an estate, they must file an inventory of all assets, including personal property. See Idaho Code § 15-3-102 (Chapter 3: Administration of Estates; § 15-3-102). However, a claimant for a year’s allowance does not list all estate assets in the allowance petition. Instead, a year’s allowance petition under Idaho Code § 15-2-201 through § 15-2-206 (Chapter 2: Year’s Allowance) requires:
- The claimant’s relationship to the decedent (spouse or minor child).
- The amount requested (up to the statutory limit).
- Any other allowances already paid or claimed.
The court draws the allowance from the estate’s personal assets once the representative files a complete inventory. You do not need to list each personal property item in your allowance petition. The personal representative will identify and value assets when they file the inventory and appraisement. The court then approves payment based on that document.
References
- Idaho Code § 15-2-201 to § 15-2-206, Year’s Allowance: https://legislature.idaho.gov/statutesrules/idstat/Title15/T15CH2/
- Idaho Code § 15-3-102, Inventory of Estate Assets: https://legislature.idaho.gov/statutesrules/idstat/Title15/T15CH3/
Helpful Hints
- Review local court rules for petition formats.
- File your petition early to avoid delays.
- Coordinate with the personal representative when listing assets.
- Check if any other creditors or allowances affect the estate.
- Consult an attorney if the estate’s value or claims exceed the allowance limit.