What happens if a survey shows the property was conveyed out of my mother’s estate decades ago and I have no interest? (ID)
FAQ: If a survey shows the property was conveyed out of my mother’s estate decades ago, do I still have any interest under Idaho law? Detailed answer — what that survey likely means under Idaho law If a current survey and the recorded chain of title show that the property was conveyed out of your […]
Read article →How do I get the probate court’s permission to sell the property when the clerk’s office won’t explain the filing requirements? – ID
Disclaimer: This is general information about Idaho probate procedures, not legal advice. For advice about your situation, consult a licensed Idaho attorney. Detailed Answer If you are administering an Idaho estate and need the court's authority to sell estate real property, the court normally must authorize the sale before you can transfer title. The typical […]
Read article →Can I recover personal items that heirs removed from the house before I took possession and enforce the court’s order? — Idaho (ID)
Detailed Answer Short answer: Under Idaho law you can usually try to recover personal items taken by heirs and you can ask the court to enforce its earlier order. How you proceed depends on (1) whether a court already issued an order giving you possession or control, (2) whether you are the personal representative/executor or […]
Read article →What steps do I need to follow as executor to sell real property to pay estate debts? (ID)
Detailed Answer: Selling Estate Real Property as an Executor in Idaho Short answer: As a personal representative (executor) in Idaho, you must confirm you have legal authority to sell the property, inventory and value estate assets, notify heirs and creditors, get any required court approval or follow the powers in the will, market and sell […]
Read article →Can heirs of a deceased sibling be included in a partition action in ID?
Detailed Answer Short answer: Yes. Under Idaho law, heirs of a deceased co-owner (such as a sibling) who inherit an ownership interest must be included in a partition action. To add them you generally identify the heirs, amend or substitute parties in the pending case, properly serve the heirs (or publish notice if their identities/addresses […]
Read article →What Happens to a Safe Deposit Box After Someone Dies in ID?
What Happens to a Safe Deposit Box After Someone Dies in Idaho? Short answer: Who gets access to a decedent’s safe deposit box in Idaho depends on how the box is titled, the bank’s policies, and whether a personal representative (executor) is appointed. If the box was solely in the deceased person’s name, the bank […]
Read article →When Can an Executor Be Removed in Idaho (ID)?
Detailed Answer — When can an executor be removed under Idaho law? This FAQ explains when a personal representative (commonly called an executor) can be removed from an estate under Idaho law, how removal works, who may ask the court to remove the personal representative, and what steps interested persons can take to protect an […]
Read article →What Is “Probate in Common Form” in Idaho (ID)?
Probate in Common Form in Idaho: What It Is, How It Works, and When to Use It FAQ: A clear, plain-language explanation of "probate in common form" under Idaho law and practical steps to follow. Short answer In Idaho, "probate in common form" is best understood as the routine, non‑adversarial probate process (often called informal […]
Read article →When Should I Use Solemn Form Probate in ID?
What solemn-form probate is and when Idaho courts use it Solemn-form probate is a formal, evidence-focused process used to admit a will to probate when the will’s validity might be challenged or when the petitioner wants a clear, court-established record of the will’s execution. The proceeding requires live testimony or sworn depositions from the witnesses […]
Read article →Is probate administration required when there is no will in ID?
Detailed Answer Short answer: Not always. Whether a deceased person’s assets must go through probate in Idaho depends on what assets they owned, how those assets were titled, and the total value of the estate. Idaho’s probate and intestate succession laws govern when a court-supervised administration is required and how property is distributed if there […]
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