Detailed Answer
Under Idaho law, a personal representative must file a final accounting with the probate court within the time set by statute. Idaho Code § 15-3-110 requires filing the final report within thirty days after qualification. If you need more time, you must request an extension from the probate court before the deadline expires.
Step 1: Confirm Your Deadline
Review Idaho Code § 15-3-110 (link) and any local court rules. Note your current filing due date.
Step 2: Prepare a Motion
Draft a formal Motion to Extend Time to File Final Accounting. Your motion should include:
- A clear case caption (estate name and case number).
- A statement of current deadline and desired new deadline.
- The reasons you need more time (e.g., complex asset valuation, third-party delays).
- A proposed order for the judge to sign.
Step 3: Serve and File Your Motion
Serve the motion on all interested parties—heirs, beneficiaries, and creditors—per Idaho Court Administrative Procedures. File the original motion and proposed order with the probate clerk at least several days before your deadline. Some courts follow the Idaho Rules of Civil Procedure Rule 6(b) for extensions (link).
Step 4: Obtain the Court’s Decision
If no party objects, the court may grant the extension without a hearing. If an objection arises, the court will notify you of a hearing date. After the judge signs the order, adhere strictly to the new deadline.
Key Statute: Idaho Code § 15-3-110 (Final accounting deadline).
Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a qualified Idaho probate attorney for advice specific to your case.
Helpful Hints
- Check your local county probate court’s website for specific forms or filing fees.
- Serve all interested parties promptly to avoid objections based on service issues.
- Provide supporting evidence, such as appraisals or creditor communications.
- Request a reasonable extension that reflects your actual need.
- Contact the court clerk early to confirm filing procedures and deadlines.