What steps are required to open an estate proceeding when no probate case exists in Idaho?
Disclaimer: This article provides general information about Idaho probate law and does not constitute legal advice. Consult a licensed attorney for guidance on your specific situation. Detailed Answer When a decedent’s assets remain unadministered and no probate case exists, Idaho law provides two main pathways: a summary small‐estate release or a formal probate administration. Follow […]
Read article →Who is eligible to receive surplus proceeds when the property was solely in the deceased spouse’s name under Idaho law?
Detailed Answer 1. Overview of Surplus Proceeds in Idaho Foreclosures When a lender forecloses on real estate under Idaho Code §45-1506 and §45-1507, it must apply the sale proceeds first to costs of sale and the mortgage debt. Any remaining funds—the surplus proceeds—belong to the former owner, known as the mortgagor, or that person’s successors […]
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