Detailed Answer

If a person died owning property or having other probate connections in Idaho but executed their will in another state, Idaho courts can usually admit that out‑of‑state will to probate so the decedent’s Idaho estate can be administered. Idaho follows the Uniform Probate Code approach: a will properly executed under the law of the place where it was signed is generally treated as valid here.

Start by filing a petition for probate in the Idaho county where the decedent lived or where the decedent owned real estate. The petition asks the court to: (1) admit the original will to probate, and (2) appoint a personal representative (executor) if one is named or requested. If the original will is not available, you will need to explain why and be prepared to show a copy and evidence of its validity.

How long the process takes depends on several practical and legal factors. Typical time ranges (from filing to formal appointment and initial letters) are:

• Simple, uncontested admission with a self‑proved will: 2–8 weeks. A “self‑proved” will (signed with a notarial affidavit or equivalent) lets the court accept the will without live witness testimony, speeding up admission.
• Uncontested admission where proof of execution is required: 1–3 months. If the will needs proof from witnesses or other evidence that it was valid where executed, gathering witness affidavits or depositions adds time.
• Complicated or contested cases: 3 months to a year or longer. Contests, missing originals, questions about capacity or undue influence, or disputes about whether Idaho is the proper venue will extend the timeline significantly.

Key steps that affect timing

1. Locating and filing the original will. If the original will is in another state, obtaining and sending it to Idaho takes time. Many courts require the original for admission.
2. Whether the will is self‑proved. Self‑proved wills often avoid the need for witness testimony in court, which shortens the process.
3. Notice and publication requirements. Probate law requires notice to heirs and creditors. The time required to provide statutory notice and wait for creditor claims can add weeks to months.
4. Need for formal proof. If witnesses live out of state or cannot attend, affidavits, depositions, or travel for testimony may be needed.
5. Real property in Idaho. If the estate includes Idaho real estate, the court may need additional steps to clear title, especially if the will was executed elsewhere.

Statutes and court resources

Idaho’s probate laws and related procedures are codified in the Idaho Statutes (Title 15 covers probate matters). For general statutory text and to review relevant provisions, see the Idaho Legislature’s statute pages: Idaho Statutes — Title 15 (Probate). For forms and local court procedures, consult Idaho’s court resources: Idaho Judicial Branch / Idaho Supreme Court.

Practical examples (hypothetical)

Hypothetical A: The decedent lived in Idaho and had a notarized, self‑proved will executed in Washington. The original will is available and the named executor files in the correct Idaho county. The court admits the will and issues letters within about 3–6 weeks.

Hypothetical B: The decedent lived in Idaho but the will was executed in another state and is not self‑proved. One attesting witness lives out of state and cannot travel. The executor must obtain a sworn affidavit or deposition to prove execution. Expect 2–4 months before formal admission, depending on how quickly proof is obtained.

When the process becomes a formal contest

If anyone contests the will (claims invalidity, lack of capacity, undue influence, forgery, or improper execution), the admission shifts from a routine probate filing to contested litigation. Contested proceedings involve pretrial discovery, hearings, and possibly a trial. These matters commonly take many months and sometimes years to resolve.

When to consult an attorney

Contact an Idaho probate attorney if you face:

• a missing or disputed original will;
• out‑of‑state witnesses who must be located or deposed;
• complex assets (Idaho real estate, business interests, retirement accounts); or
• a threatened will contest or creditor claims.

An experienced probate attorney can file the correct petition, identify the right county, comply with notice rules, and help shorten delays where possible.

Disclaimer: This information explains general Idaho probate practice and is not legal advice. It does not create an attorney‑client relationship. For advice about a specific situation, consult a licensed Idaho attorney.

Helpful Hints

• Locate the original will quickly. Courts prefer the original document for admission.
• Check whether the will is self‑proved (notarial affidavit). Self‑proved wills typically speed up admission.
• File in the Idaho county where the decedent lived or where they owned real property in Idaho.
• Prepare to provide or obtain witness affidavits if the will is not self‑proved and witnesses are out of state.
• Be mindful of notice and publication requirements; missing these steps can delay the process.
• If creditors or potential heirs may contest the will, speak with a probate attorney early to evaluate risks and timing.
• Keep clear records of communications and documents from the other state (notarizations, witness contact info, and copies of the will).
• If the estate is small, ask the court or an attorney whether simplified or small‑estate procedures are available to avoid full probate.