Detailed Answer
Managing an estate when assets sit in multiple Idaho counties or across state lines requires careful planning and coordination. You must determine where to open the primary probate, handle any ancillary proceedings, and follow Idaho’s probate statutes to ensure valid administration.
1. Inventory All Assets and Their Locations
Begin by creating a complete list of every asset. Include real estate (with county), bank and brokerage accounts, vehicles, personal property, and any out-of-state holdings. Accurate locations guide venue decisions and ancillary requirements.
2. Select the Proper Venue for Primary Probate
Idaho Code § 15-3-201 designates venue for probate. You may file in the county where the decedent was domiciled at death or in any county where real property is situated. If multiple counties share real property, you may choose one of them. This single proceeding can cover all Idaho assets.
3. Initiate Ancillary Probate for Out-of-State Assets
For assets located outside Idaho, ancillary probate or administration is necessary. Present certified copies of your Idaho Letters Testamentary or Letters of Administration to courts in other states. Idaho’s ancillary probate rules also apply to non-resident decedents holding Idaho property.
See Idaho Code § 15-3-501 on Ancillary Administration
4. Coordinate Filings in Multiple Jurisdictions
Maintain synchronized timelines. File inventories, notices to creditors, and accounting in each court. Use certified court documents to support ancillary petitions. Track deadlines for claims and objections in every jurisdiction.
5. Streamline Asset Transfers
Where possible, transfer intangible personal property (bank/brokerage accounts) to a single county by beneficiary designation or small-estate affidavit, if eligible. That minimizes repeated court appearances. Real property must remain in separate proceedings, but you can centralize record-keeping and communications.
Helpful Hints
- Draft a detailed asset map noting county or state for each item.
- Confirm local probate clerk requirements before filing.
- Obtain certified Letters of Appointment to file ancillary petitions.
- Monitor creditor notice deadlines in all proceedings.
- Keep clear records of distributions to avoid double payments.
- Consider hiring local counsel in each jurisdiction to navigate unique rules.
Disclaimer: This article is for educational purposes only and does not constitute legal advice. For guidance tailored to your situation, consult a licensed Idaho attorney.