Detailed Answer — Steps and documentation commonly required under Idaho law

When a previously opened or closed estate must be reopened in Idaho and someone needs to be appointed as administrator (personal representative), the probate court will require clear proof of two things: (1) your legal relationship to the decedent (that you are a next of kin or otherwise entitled to appointment) and (2) that you meet statutory qualifications to serve. Courts focus on certified vital records, sworn statements, and any existing probate papers. Below are the usual documents and steps you should assemble and expect.

1. Confirm what kind of appointment you seek

Decide whether you seek appointment as administrator of an intestate estate (no valid will) or as administrator to reopen an estate that previously had probate proceedings. The forms and burden of proof overlap but differ in detail. Idaho probate rules and statutes on intestate succession and administration apply; see Idaho Code Title 15 (Probate and Guardianship) for governing law: Idaho Code Title 15. For chapters on intestate succession and administration see:

• Title 15, Chapter 2 — Intestate Succession
• Title 15, Chapter 3 — Probate of Wills and Administration

2. Core documents courts usually require

Bring certified (long-form) copies whenever possible. Photocopies or uncertified printouts may not be accepted.

• Certified death certificate for the decedent — required to prove the person has died.
• Your photo ID (government-issued) and proof of your current address.
• Documents proving your relationship to the decedent. Which records you need depends on the relationship alleged:
• If you claim to be a child: certified long-form birth certificate(s) showing parentage, hospital birth record, adoption decree (if adopted), or similar certified records.
• If you claim to be a spouse: certified marriage certificate; if marriage occurred outside Idaho, an authenticated copy of the out-of-state marriage record.
• If you claim to be a parent, sibling, or other heir: birth certificates, marriage certificates, adoption records, or other vital records that show the family link.
• Certified copies of prior probate paperwork (if the estate was previously opened): letters testamentary, letters of administration, prior probate orders, inventories, and the court’s final decree. If the estate was closed, bring the court’s closing order or decree.
• Affidavit(s) of heirship or sworn statements identifying heirs. Many courts accept a verified affidavit signed under oath by one or more people with direct knowledge of the family history — especially when vital records are missing. An affidavit of heirship should list the decedent’s marriages, children (with birthdates), and other close relatives, and include notarized signatures.
• Renunciations or consents from other heirs (if applicable). If others entitled to appointment renounce or consent in writing, include certified or notarized statements.
• Proof of any formal adoption, divorce, or name change that affects who qualifies as heir. Courts examine whether a claimed relationship is legally recognized.

3. Documents and evidence if relationships are contested or records are missing

If certified vital records are not available, assemble secondary evidence. Courts consider this evidence but require greater scrutiny.

• School records, church records, hospital records, military service records, tax records, or census records showing family relationships.
• Affidavits from relatives or others with direct knowledge of the family facts, notarized and clear about the source of their knowledge.
• DNA evidence is sometimes used in contested heirship matters, but courts treat genetic evidence as one piece of the full record; consult counsel before relying on DNA alone.

4. The petition to reopen and ask for appointment

You must file a verified petition with the probate court in the county where the decedent’s estate was or should have been probated. The petition commonly includes:

• Your name, address, and relationship to the decedent.
• Reason the estate is being reopened (missed assets, clerical error, newly discovered assets, or administrative error).
• A complete list of known heirs, their addresses, and relationships.
• A request for appointment as administrator (or for letters of administration to be issued).
• Attachments: certified death certificate, prior probate documents (if any), affidavits of heirship, and copies of your identity and relationship documents.

Idaho probate procedure and the elements of a petition are governed by the probate statutes and local court rules; see Title 15, Chapter 3 — Probate of Wills and Administration.

5. Qualifications to serve and bond

Idaho law requires a personal representative to be a competent adult who has not been convicted of certain crimes or otherwise disqualified. The court may require a bond to protect estate creditors and beneficiaries unless the will waives bond or the court orders otherwise. If a will exists that nominates a personal representative, the court generally gives preference to the nominated person unless they are unfit or unwilling.

Because statutory details and bond amounts vary, check the probate code and local rules or ask the court clerk for guidance about bonding and disqualifications: Idaho Code Title 15.

6. Notice to heirs and creditors and court hearing

After filing a petition the court typically requires notice to all heirs and may schedule a hearing. The court will review the evidence, hear objections, and make a determination. If no party contests your proof of heirship and qualifications, the court often issues letters of administration without a contested hearing.

7. What to expect if the court needs to determine heirs

If the heirship is disputed, the court may hold a formal hearing and require more extensive documentation or testimony. The judge will weigh the evidence and may appoint a guardian ad litem, issue subpoenas for records, or order additional discovery.

8. Practical timeline and costs

Timelines vary. Simple uncontested reopenings with full documentation can be resolved in weeks. Contested cases or missing records can take months. Expect court filing fees, service costs, possible bond premiums, and attorney fees if you retain counsel.

Helpful Hints — Practical checklist for gathering documents and presenting your case

• Obtain several certified long-form copies of the decedent’s death certificate from the vital records office.
• Get certified copies of birth, marriage, adoption, and divorce records that prove family relationships.
• Create a clear family tree (names, dates, places) and attach documents to each link so the judge sees the chain of relationships.
• Collect prior probate orders and letters if the estate was previously opened; certified copies speed the process.
• Use notarized affidavits of heirship from people with direct knowledge if official records are missing; explain why records are unavailable.
• Get written, notarized renunciations from other heirs if they consent to your appointment — this can avoid contested hearings.
• Call the probate court clerk in the correct Idaho county and ask for the local filing requirements and any template forms for petitions to reopen probate.
• Keep originals safe. Submit certified copies to the court and retain originals for your files.
• If records are in another state, obtain authenticated or apostilled copies as required for out-of-state documents.
• If you expect a dispute, consult an Idaho probate attorney early — contested heirship matters can involve complex rules of evidence and procedure.

Useful statutory references and starting points on Idaho law:

• Idaho Code Title 15 — Probate and Guardianship: https://legislature.idaho.gov/statutesrules/idstat/title15/
• Intestate succession (how heirs are determined): https://legislature.idaho.gov/statutesrules/idstat/title15/t15ch2/
• Probate of wills and administration (petition, appointment, letters): https://legislature.idaho.gov/statutesrules/idstat/title15/t15ch3/

Final practical note: every county probate court has local filing procedures and clerks who can confirm what documents they expect. If you face objections, missing records, or any uncertainty about bond or disqualification, contact a licensed probate attorney to protect your rights and avoid delays.