Disclaimer: This article provides general information and does not constitute legal advice.
Detailed Answer
Idaho courts follow a strict order of priority when appointing an administrator. Under Idaho Code § 15-3-102 (https://legislature.idaho.gov/statutesrules/idstat/title15/t15ch3/section15-3-102/), the court first considers the surviving spouse, then children, parents, siblings, and so on.
If a higher-priority heir exists but will not or cannot serve, a lower-priority heir may petition for appointment. Idaho Code § 15-3-108 (https://legislature.idaho.gov/statutesrules/idstat/title15/t15ch3/section15-3-108/) authorizes appointment of another qualified person when:
- The higher-priority heir fails to apply within 30 days after notice.
- The heir is under legal disability, declines to serve, or is disqualified under Idaho Code § 15-3-107 (https://legislature.idaho.gov/statutesrules/idstat/title15/t15ch3/section15-3-107/) due to conflict or incapacity.
- The heir signs a written waiver or renunciation of the right to serve.
To proceed, “John Doe” should file a Petition for Letters of Administration in the county where the decedent lived. The petition must:
- Identify the decedent and list all heirs and their relationships.
- Explain why the higher-priority heir is bypassed (include waivers, proof of non-application, or evidence of disqualification).
- Request appointment under Idaho Code § 15-3-201 (https://legislature.idaho.gov/statutesrules/idstat/title15/t15ch3/section15-3-201/).
After filing, the court schedules a hearing and notifies interested parties. If no valid objections arise and the court finds good cause, it will issue letters appointing John Doe as administrator.
Helpful Hints
- File promptly: Deadlines for petitions and waivers can be strict.
- Document everything: Keep written waivers or statements from the higher-priority heir.
- Check disqualification rules: Review Idaho Code § 15-3-107 carefully.
- Serve proper notice: Notify all heirs and interested persons to avoid disputes.
- Consider legal counsel: A probate attorney can guide you through procedural requirements.