Disclaimer: This article is for educational purposes only and does not constitute legal advice. For guidance about your specific situation, consult a qualified Idaho probate attorney.
Detailed Answer
When someone dies, their bank accounts become part of their probate estate. Under Idaho law, you cannot simply withdraw funds until you follow the court-supervised probate process or use a small‐estate procedure. Here are the primary methods:
1. Appointment of a Personal Representative
The court must appoint a personal representative (sometimes called executor or administrator) before you can access estate assets. To begin:
- File a petition in the district court of the county where the decedent lived.
- If the decedent left a will, the court admits it and issues Letters Testamentary. If no will exists, the court issues Letters of Administration.
- Once issued, these letters give the representative authority to contact banks, pay debts and distribute funds under Idaho Code § 15-3-302 (Idaho Code § 15-3-302).
2. Presenting Documents to the Bank
Most banks require the following to release funds:
- A certified copy of the decedent’s death certificate.
- Original Letters Testamentary or Letters of Administration.
- A valid photo ID for the personal representative.
Once these documents are on file, the bank will allow the representative to write checks, transfer funds or close the account as authorized by the court.
3. Small‐Estate Affidavit (Affidavit Procedure)
If the total value of all personal property (including bank accounts) does not exceed the statutory threshold, you can skip formal probate and use an affidavit. Under Idaho Code § 15-3-1201 (Idaho Code § 15-3-1201), a surviving spouse or heir may:
- Prepare and notarize a Small‐Estate Affidavit form.
- Wait at least 30 days after the decedent’s death to sign the affidavit.
- Present the affidavit, death certificate and a valid ID to the bank.
This process typically applies when the entire estate does not exceed $75,000. It lets banks release funds without a court hearing.
4. Final Distribution
After paying valid debts and taxes, the personal representative distributes remaining funds per the will or Idaho’s intestacy rules (found in Title 15, Chapter 1). Keep detailed records and file a final accounting with the court to close the estate.
Helpful Hints
- Start probate promptly. Delays can cause extra fees and complications.
- Obtain multiple certified death certificates—banks often keep originals on file.
- Call each bank branch to confirm their requirements; forms vary.
- Keep a detailed ledger of all estate transactions and communications.
- Consider hiring a probate attorney if the estate has complex assets or creditor claims.