Disclaimer: This article is for informational purposes only and does not constitute legal advice.
Detailed Answer
If you are an interested person in an Idaho probate proceeding—such as a beneficiary, heir, or creditor—you may wonder whether the personal representative must provide you a copy of the estate accounting. Under Idaho law, the personal representative has specific duties regarding filing an accounting and notifying interested parties, but the statutes do not explicitly require mailing every person a copy of the detailed accounting without request.
Idaho Code § 15-3-1009 governs accountings by personal representatives. It requires the personal representative to:
- File a statement of account with the probate court at least 30 days before the hearing on the account.
- Serve a notice of the hearing—including date, time, and place—on all interested persons at least 20 days before the hearing, by personal service or by registered or certified mail. (I.C. § 15-3-1009.)
The statute does not explicitly require the personal representative to enclose the full accounting with the notice. However, Idaho courts generally treat beneficiaries’ rights to review accountings as fundamental to transparency in probate. In practice, you have two main routes to obtain a copy:
- Request it directly from the personal representative. Send a written request asking for a copy of the filed accounting. Most representatives will comply rather than risk a court order.
- Obtain it from the court file. The filed statement of account becomes a public record once submitted to the court. You may inspect or procure a copy from the clerk of the probate court—in some counties you can even download it online.
If the personal representative refuses your request and you cannot access the court file, you may petition the probate court under Idaho Code § 15-3-1012 to compel the personal representative to file and serve an accounting or for further relief.
Helpful Hints
- Review the notice of hearing carefully. It tells you when and where objections to the accounting must be filed.
- Keep all correspondence in writing. A written trail helps if you later seek a court order.
- Check online dockets. Many Idaho counties post probate filings electronically.
- Consult a probate attorney if the personal representative won’t comply. You can petition for an order under I.C. § 15-3-1012.
- Note deadlines. Objections to an accounting typically must be filed before the hearing date.