How to Open a Deceased Spouse’s Estate in Idaho so a Personal Representative Can Pursue a Camp Lejeune Claim

Detailed Answer — step‑by‑step under Idaho law

If your spouse died and you need legal authority to pursue a claim on their behalf (for example, a claim related to Camp Lejeune exposures), you normally must be appointed the decedent’s personal representative (executor or administrator) by an Idaho probate court before you can pursue claims that belong to the estate. Below are the practical steps under Idaho law and typical issues you will encounter.

1. Confirm the decedent’s domicile and locate the will (if any)

Probate is normally opened in the county where the decedent was domiciled at death. If your late spouse was domiciled in Idaho at death, open probate in the Idaho district court for that county. If your spouse was domiciled elsewhere but owned property or certain assets in Idaho, you may need an ancillary probate in Idaho for those Idaho assets.

2. Decide whether a full administration or simplified/small‑estate process applies

Idaho law provides different procedures depending on the size and type of assets. Small estate procedures (summary administration or affidavit procedures) may be available when the estate meets statutory thresholds for value and types of assets. If the estate is larger or there are creditors, you will usually need a full administration.

3. Gather required documents

Original will (if there is one) and any codicils.
Certified copy of the death certificate.
Marriage certificate or other proof of your spousal relationship (if needed).
Inventory of assets you know about (bank accounts, real property, retirement accounts, potential claims such as the Camp Lejeune claim).

4. File a petition to open probate and for appointment of a personal representative

Prepare and file the petition (often called Petition for Probate, Appointment of Personal Representative, or for Summary Administration if eligible) in the district court of the appropriate Idaho county. The court clerk’s office or local court website usually has forms and filing instructions. The petition requests the court to appoint you (or another nominated person) and to issue letters testamentary or letters of administration — these documents give you legal authority to act for the estate.

5. Give notice to interested parties and creditors

Idaho probate rules require notice to heirs, beneficiaries, and sometimes creditors. The court will set deadlines. Creditors normally have a limited time window to present claims against the estate; the personal representative must publish or mail notices as required by the court.

6. Receive appointment and letters

Once the court appoints a personal representative, it issues letters testamentary (if there is a will) or letters of administration (if intestate). These letters are the formal proof of your authority to collect assets, pay debts, and pursue claims that belong to the decedent’s estate (this is crucial for filing a survival action or asserting estate claims such as certain tort or exposure claims).

7. Pursue the Camp Lejeune claim in the correct capacity

Two separate types of claims commonly arise after death:

Survival claims: These arise from harms suffered by the decedent before death. A survival claim generally belongs to the decedent’s estate and must be brought by the personal representative appointed by the probate court.
Wrongful death or statutory beneficiary claims: These are claims the decedent’s survivors (spouse, children, other heirs under Idaho law) may bring for their own losses. Depending on Idaho law and the federal cause of action involved, the personal representative often brings the wrongful‑death claim for the beneficiaries or beneficiaries may sue directly.

Because Camp Lejeune litigation involves federal statutory claims created by Congress (the Camp Lejeune Justice Act and related federal law), you will need the probate appointment to assert a survival claim on behalf of the estate in federal court or in any administrative or claims process that requires formal estate authority. If you plan to pursue a wrongful‑death claim for yourself as spouse, you should confirm whether you need the court’s appointment to file that claim or whether you can file directly as a statutory beneficiary. An Idaho probate appointment will avoid disputes about your authority to act.

8. Administer the estate while pursuing the claim

As personal representative you must follow court rules: collect estate assets, file inventories and accountings as required, pay valid debts and taxes, and distribute remaining assets to heirs or beneficiaries. If the Camp Lejeune claim produces recoveries, those funds will typically be treated as estate assets (for survival claims) or distributed to statutory beneficiaries (for wrongful death) in accordance with Idaho law and any federal rules governing the recovery.

Key Idaho statute source

Idaho’s probate rules and procedures are in Title 15 of the Idaho Code (Probate and Trust Code). For the statutory framework and specific filing rules, see the Idaho Code, Title 15: https://legislature.idaho.gov/statutesrules/idstat/title15/

Common scenarios and short answers

If your late spouse died with a valid will naming you executor: file the will and a petition to probate in the Idaho district court of the decedent’s domicile. The court will usually appoint you unless there is a good reason not to.
If your spouse died intestate (no will): you may petition to be appointed administrator. Idaho’s intestate succession rules control estate distribution.
If the decedent lived outside Idaho but had assets here: you may need an ancillary probate in Idaho for Idaho‑located assets; the primary probate is usually in the decedent’s domicile state.
If the estate is very small: check Idaho’s small‑estate procedures — these can sometimes avoid formal lengthy probate.

Helpful Hints

Get certified copies of the death certificate early. Most institutions and courts require certified copies rather than photocopies.
Locate the original will and any estate planning documents (trusts, beneficiary designations). Beneficiary‑designated accounts (life insurance, retirement plans) may pass outside probate but could affect estate value and creditor timelines.
Contact the district court clerk in the county where the decedent was domiciled. Clerk offices can provide local probate forms and filing fee information.
If the Camp Lejeune claim is federal in nature, talk to an attorney familiar with both federal Camp Lejeune claims and Idaho probate practice. You will likely need an attorney to coordinate probate appointment and federal filing strategy.
Preserve medical and military records and any documentation supporting exposure. Even before appointment, assemble whatever records you can legally access to speed the eventual claim.
Keep careful records of estate activity. As personal representative you will be accountable to the court and heirs for receipts, disbursements, and distributions.
If time is a concern, check both the statute of limitations under the relevant federal law and any estate deadlines for creditor claims in Idaho, and discuss timing with a lawyer promptly.

Where to find forms and more information

Start with the Idaho legislature’s Title 15 (probate code) for statutory rules: https://legislature.idaho.gov/statutesrules/idstat/title15/ . For local filing instructions, visit the Idaho county district court clerk’s website where the decedent was domiciled, or contact the court clerk’s office by phone for information about forms and filing procedures.

Short disclaimer

This information is educational only and is not legal advice. Laws change and every case is different. For help opening an estate or pursuing a Camp Lejeune claim, consult a licensed Idaho attorney who handles probate and federal exposure claims.