Probate

Probate is the court-supervised process of settling a deceased person’s estate, ensuring their debts are paid, and their assets are distributed according to their will or, if none exists, according to Idaho’s laws of intestacy.  

In Idaho, probate is required if the deceased person owned real estate (unless that real estate is placed in a Living Trust), or if their assets are worth over $100,000.

Dari Huskey Law will help you navigate the probate process in Idaho, which includes:

• Initiating Probate by filing a Petition in the appropriate probate Court;
• Appointment of a Personal Representative;
• Administering the Estate by notifying heirs and devisees, notifying creditors, taking inventory, and paying debts and taxes;
• Distributing the Estate assets; and
• Closing the Estate

The probate process in Idaho generally takes six months.

In some instances, a full probate can be avoided in Idaho.  If the deceased person’s estate is worth less than $100,000 and they did not own real estate, the heirs can use a small estate affidavit to transfer the assets without going through the general probate process.  In addition, if a surviving spouse is the sole devisee or heir of the deceased person’s estate, the probate process can be streamlined through summary administration, which allows for a faster and less expensive process.