Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a licensed attorney for personalized guidance.

Understanding Probate for a Late-Discovered Will in Idaho

Step 1: Secure and Authenticate the Will

Once you locate an old will, handle the original document carefully. Idaho law requires the original will for probate. Under Idaho Code Title 15, Chapter 2, the testator’s signature must appear at the end of the will, and two competent witnesses must attest the signature. If witnesses are deceased or unavailable, gather affidavits explaining their absence and any evidence of authenticity to support your petition.

Step 2: Determine the Correct Court Venue

File your petition in the district court of the county where the decedent resided at the time of death. If residency is unclear, use the county where the decedent owned real property. Timely filing ensures the court can appoint a personal representative and distribute assets under Idaho probate rules.

Step 3: File a Petition to Admit the Will to Probate

Prepare and file a petition titled “Petition for Probate of Will and Appointment of Personal Representative.” Include:

The original will or a certified copy.
A certified death certificate.
Names and addresses of beneficiaries and heirs.
Proof of witness signatures or affidavits of due execution under Idaho Code §15-2-201.

The court clerk assigns a case number and schedules a hearing.

Step 4: Notify Interested Parties and Attend the Hearing

Serve notice to all heirs, beneficiaries, and qualified persons listed by statute. Idaho Code §15-3-102 requires notice at least 20 days before the hearing. At the hearing, present evidence of due execution and authenticity. If the will satisfies statutory requirements, the judge will admit it to probate.

Step 5: Appointment of Personal Representative and Estate Administration

After admitting the will, the court appoints a personal representative. That individual must file an oath and bond, if required, then inventory and appraise estate assets. The personal representative pays valid debts and taxes, then distributes assets according to the will. Finally, they file a closing statement and petition for discharge.

Relevant Idaho Statutes

Idaho Code Title 15, Chapter 2 – Probate of Wills (Sections 15-2-101 through 15-2-602)
Idaho Code Title 15, Chapter 3 – Probate Procedure (Sections 15-3-101 through 15-3-913)

Helpful Hints

Search for any ancillary documents, such as drafts or letters, that reference the original will.
Contact local courthouses or attorneys to see if a prior probate was opened.
Preserve any markings, seals, or watermarks on the will to aid authentication.
Interview family members about where the testator stored important papers.
Record all attempts to locate witnesses for potential affidavits.
Keep meticulous records of all filings, notices, and court dates.
Consider hiring a probate attorney if property value or estate complexity is high.