Detailed Answer
When someone dies, the personal representative (sometimes called an executor) handles estate administration. That role includes collecting all estate documents—original wills, account statements, deeds, policies and more. Sometimes banks, employers, recorders or other institutions refuse to hand over records or claim they cannot locate them. Under Idaho law, you have several tools to secure missing estate documents:
- Voluntary Request with Letters Testamentary
Present a certified copy of your Letters Testamentary or Letters of Administration. Idaho Code § 15-3-803 requires a custodian of estate property to pay or deliver assets when shown proper appointment papers.
(Idaho Code § 15-3-803) - Statutory Demand for an Original Will
Any person in possession of a decedent’s will must file or deliver it to the probate court within 30 days after death if an interested person requests it.
(Idaho Code § 15-2-502) - Probate Court Order and Subpoena Duces Tecum
If voluntary requests fail, petition the probate court for an order compelling production of documents. Under the Idaho Uniform Probate Code you can request the court to authorize depositions and subpoenas. Then issue a subpoena duces tecum under Idaho Rule of Civil Procedure 45 to force a third party to produce records.
(I.R.C.P. 45) - Contempt or Sanctions for Non-Compliance
If an institution ignores a court order or subpoena, you can file a motion for contempt or monetary sanctions. Idaho courts have authority to enforce compliance and penalize refusal. - Secondary Evidence & Reconstruction
When originals truly are lost, use certified copies from county recorders (for deeds), duplicate statements from insurers or brokers, or affidavits from witnesses. Idaho courts accept this evidence if you demonstrate diligent effort to locate originals.
Disclaimer: This article is for educational purposes only. It does not constitute legal advice. For guidance on your specific situation, consult a licensed attorney in Idaho.
Helpful Hints
- Keep written records of all requests, dates and responses.
- Always present certified Letters Testamentary when dealing with banks.
- File a prompt petition if an institution claims it can’t locate documents.
- Serve subpoenas through a registered process server to avoid service issues.
- Consider alternate proof (affidavits, certified copies) if originals remain missing.
- Talk to a probate attorney if you hit procedural roadblocks.