Starting Estate Administration in Idaho: Key Documents and Certificates
Disclaimer: This information is for educational purposes only and does not constitute legal advice. Consult an attorney for advice specific to your situation.
Detailed Answer
Before filing for probate in Idaho, gather essential records. Idaho law requires the personal representative to file original documents and certified copies. The following list outlines the most common items you will need:
- Original Will and Codicils
The personal representative must file the decedent’s original will and any codicils with the district court in the county where the decedent was domiciled. See Idaho Code §15-3-304: https://legislature.idaho.gov/statutesrules/idstat/title15/t15ch3/section15-3-304/. - Certified Death Certificates
Order multiple certified copies (typically 5–10) of the death certificate. Many institutions will require an official copy. Under Idaho Code Title 32, Chapter 4, Section 32-406, the registrar issues certified copies: https://legislature.idaho.gov/statutesrules/idstat/title32/t32ch04/section32-406/. - Letters Testamentary or Letters of Administration
After filing the will, the court issues these letters to the personal representative. They serve as proof of authority to act on behalf of the estate. See Idaho Code §15-3-402: https://legislature.idaho.gov/statutesrules/idstat/title15/t15ch3/section15-3-402/. - Property and Asset Records
Gather deeds, vehicle titles, mortgage statements, bank and investment account statements, and business ownership documents. These records help identify and value estate assets. - Beneficiary Designation Forms
Collect retirement plan and life insurance beneficiary forms. These override wills for certain assets, so they clarify asset distribution without probate. - Tax Records
Obtain the decedent’s federal and state tax returns for the past few years. These help prepare the estate’s final tax filings and identify any outstanding liabilities. - Identification Documents
Secure the decedent’s Social Security number, birth certificate, and marriage certificate (if applicable). You will need these for various agency and financial institution requirements. - Creditor and Debt Information
Compile statements for mortgages, credit cards, medical bills, and other debts. The personal representative must notify creditors under Idaho Code §15-3-303: https://legislature.idaho.gov/statutesrules/idstat/title15/t15ch3/section15-3-303/.
Helpful Hints
- Request additional certified death certificates; some banks require two or more copies.
- Check for safe deposit boxes and obtain a court order to access them if necessary.
- Review pre-paid funeral contract documents; they may affect estate expenses.
- Engage an appraiser for real estate or unique assets to ensure accurate valuations.
- Keep organized copies of all documents; create a secure digital backup.