Detailed Answer
When someone dies in Idaho, their estate must go through probate. The personal representative (also called executor or administrator) must file court documents and notify creditors. Below are the main steps under Idaho law:
- Gather required documents: Obtain the original will (if there is one) and a certified death certificate. Create a list of the decedent’s assets, liabilities, and known creditors.
- Prepare and file the probate petition: Complete a Petition for Probate or Appointment of Personal Representative. File it with the District Court in the county where the decedent lived, along with the will, death certificate, and any required schedules. Pay the filing fee. (See Idaho Code Title 15, Chapter 3 §§ 15-3-101 et seq.)
- Obtain Letters of Administration or Testamentary: Once the court approves the petition, it issues Letters that officially appoint you as personal representative. These Letters grant you authority to manage estate assets.
- Publish notice to creditors: Under Idaho Code § 15-3-705, you must publish a Notice to Creditors in a newspaper of general circulation in the county once a week for three consecutive weeks. The notice must include the court name, case number, personal representative’s name and address, and the deadline for filing claims (generally four months from first publication). (link)
- Mail notice to known creditors: Within three months of appointment, send written notices by mail to creditors whose names and addresses you know or can reasonably discover.
- File proof of publication: Obtain an affidavit of publication from the newspaper and file it with the court to confirm you met the publication requirement.
Helpful Hints
- Use approved forms available on the Idaho Supreme Court website: isc.idaho.gov/probate/forms.
- Contact the county clerk to confirm which newspapers qualify for legal notices.
- Keep organized copies of all filings, notices, and affidavits.
- Be mindful of the four-month deadline for creditor claims under Idaho Code § 15-3-708 (link).
- Consider consulting a probate attorney if the estate has complex assets or disputes.
Disclaimer: This article provides general information about Idaho probate procedures and does not constitute legal advice. For advice tailored to your situation, consult a licensed attorney.