Idaho: How to Review and Correct Missing or Incorrect Probate Filings (FAQ)

Detailed Answer — practical steps under Idaho law

If you think filings are missing or wrong in your father’s probate case, follow a structured approach: locate the file, review key documents, try informal resolution, and use court remedies when necessary. The Idaho statutes governing estates and trusts are collected in Idaho Code Title 15; consult those statutes for deadlines and detailed rules: Idaho Code Title 15 — Estates and Trusts.

1. Confirm where the probate case was opened

Probate cases are opened in the Idaho district court with jurisdiction where the decedent lived when they died. Start by contacting the clerk of the district court in the county where your father lived or where he owned real property. Provide the decedent’s full name and date of death (if known) to locate the case file.

2. Obtain and review the court file

Ask the court clerk for the probate case number and request a copy of the file. Many courts provide public access terminals or an online search feature. Key documents to review include:

• Petition for probate or administration
• Appointment and letters of the personal representative (executor/administrator)
• Filed will (if any) and proof of service
• Inventory and appraisals
• Accountings, receipts, and disbursements
• Notices to heirs and creditors
• Court orders, judgments, and any prior motions

3. Identify what’s missing or incorrect

Compare the court file to what you know about the estate. Common issues include omitted assets (bank accounts, real estate, retirement accounts), incomplete inventories, late or missing accountings, or incorrect distributions. Note specific pages, dates, and document titles so you can point to exact problems.

4. Try an informal resolution first

Often errors can be fixed without court action. Contact the personal representative in writing, present the documents or information that show the omission or error, and request an amended inventory or corrected filing. Keep copies of all correspondence and a record of phone calls. The personal representative has a fiduciary duty to administer the estate properly; many errors are corrected quickly when pointed out.

5. Use formal court remedies if informal steps fail

If the personal representative does not correct the error or refuses to respond, you can ask the court to intervene. Common remedies available through the probate court include:

• Motion or petition to compel the fiduciary to file an inventory or accounting.
• Petition to authorize a supplemental inventory if new assets come to light.
• Motion to set aside or amend a prior filing if it was based on mistake, fraud, or omission.
• Petition for surcharge or damages against a fiduciary who mismanaged or concealed assets.
• Petition for removal of the personal representative when they breach duties, are incapacitated, or fail to perform duties.
• Petition to reopen the estate or reopen administration if assets were omitted and distribution is incomplete.

When requesting court relief, present clear evidence: bank/asset statements, title documents, emails, or witness affidavits. The court will follow procedures and Idaho law in Title 15 when deciding whether to grant relief: https://legislature.idaho.gov/statutesrules/idstat/title15/.

6. Watch statutory deadlines and notice requirements

Idaho law imposes deadlines for some probate actions, and the court may require specific notice to heirs and creditors before it will act. Because deadlines vary by claim type and by the relief you seek, consult Idaho Code Title 15 or the court clerk to verify applicable timelines.

7. Prepare clear evidence and follow court procedure

File motions or petitions with the court in the correct form, pay any required filing fees (or request a fee waiver), and serve the personal representative and interested persons according to the court’s rules. If the issue involves complex accounting or disputed values, the court may require an audit, appraisal, or accounting by a neutral expert.

8. When to get an attorney

Consider hiring an attorney if the matter involves significant assets, suspected fraud, refusal to cooperate by the personal representative, or if you need to file contested motions. An Idaho-licensed probate attorney can draft pleadings, advise on deadlines, and represent you at hearings. Find an attorney through the Idaho State Bar’s resources: Idaho State Bar.

Helpful Hints

• Start at the county district court clerk’s office where your father lived. Ask for the probate case by name and request electronic or paper copies.
• Bring identification and any documents you already have (will, bank statements, deeds, insurance policies) to help locate assets.
• Keep a dated file of all communications—letters, emails, phone calls—with the personal representative and court staff.
• If you request an informal correction, do it in writing and ask for a written response. Courts rely on written records.
• Be specific when you ask the court for relief. Identify the missing filing (inventory, accounting, etc.), cite the exhibit or document proving the omission, and request a defined remedy (amendment, surcharge, removal, etc.).
• Ask the court clerk about local forms and filing requirements. Many courts have standardized forms for petitions and motions or can point you to self-help resources.
• Consider limited-scope (unbundled) legal help if you need an attorney only to prepare a petition or attend a single hearing. Ask an Idaho attorney about this cost-saving option.
• Use the Idaho State Bar to find a probate attorney or lawyer referral: https://isb.idaho.gov/.