Detailed Answer
Under Idaho law, valid beneficiary designations allow life insurance proceeds to pass directly to named beneficiaries without probate. See Idaho Code § 41-8005. If the insured failed to name a beneficiary or all designated beneficiaries predeceased the insured, the policy proceeds become part of the probate estate. To enforce distribution of those proceeds, follow these steps:
- Open a probate case: File a petition in the district court of the county where the decedent resided under Title 15, Chapter 3 of the Idaho Probate Code. See Idaho Code Title 15, Chapter 3.
- List the life insurance policy as an asset: Attach policy information and a copy of the death certificate to your petition.
- Notify heirs: Identify potential heirs under Idaho’s intestate succession rules per Idaho Code § 15-2-101 and mail statutory notices.
- Obtain a court order: After any waiting periods and creditor notice requirements, request an order directing the insurer to pay proceeds to the estate’s personal representative.
- Collect and distribute: Present the certified court order to the insurer. The insurer must pay the proceeds to the personal representative. Distribute funds to heirs as approved by the court.
- Consider small estate affidavit: If the total personal property in the estate, including the insurance proceeds, does not exceed $100,000, you may use an affidavit procedure under Idaho Code § 15-3-112 to simplify probate.
Helpful Hints
- Review the insurance policy for any built-in beneficiary fallback provisions.
- Compile a complete list of potential heirs before filing.
- Serve statutory notices promptly to avoid delays.
- Maintain clear records of all filings, notices, and court orders.
- Consult an Idaho probate attorney if the estate involves disputes or complex assets.
- Check the court’s local rules for filing fees, forms, and timelines.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. For guidance specific to your situation, consult a licensed attorney in Idaho.