Detailed Answer
Under Idaho law, a personal representative (sometimes called an executor or administrator) manages a decedent’s estate. Idaho Code § 15-3-201 (Idaho Code § 15-3-201) establishes a strict order of priority for appointing a personal representative when someone dies without a will (intestate). That order is:
- Spouse
- Children
- Parents
- Grandchildren
- Siblings
- Grandparents
- Other next of kin as defined by statute
In-laws—including a mother-in-law—are not in this statutory list. Therefore, if the decedent dies intestate, you cannot be appointed as personal representative unless everyone above you in priority signs a waiver.
If the decedent left a valid will (testate), the court generally appoints the person nominated in the will. Idaho Code § 15-3-203 (Idaho Code § 15-3-203) states that the court “shall appoint” the person named in the will, unless the nominee is unable or unwilling to serve. Thus, if the will specifically names you (the mother-in-law) as personal representative, the court will usually honor that nomination.
Key scenarios:
- Decedent died without a will. You are not in the priority list. Everyone above you must waive their right in writing before you can petition the court.
- Decedent left a will naming you. You can file the will, petition for appointment, and the court will likely appoint you.
- Decedent left a will but did not name you. You cannot be appointed unless the named executor declines or the court determines “good cause” to appoint someone else.
To start the process, you file a petition in the probate court of the county where the decedent lived. You’ll provide the original will (if any), a death certificate, and pay filing fees. The court will schedule a hearing, notify interested parties, and may require you to post a bond.
Disclaimer: This article is for educational purposes only and does not constitute legal advice. Always consult a qualified attorney for advice about your specific situation.
Helpful Hints
- Review the decedent’s will carefully to see if you’re nominated.
- Identify and contact higher-priority relatives if you need waivers.
- Prepare to post a bond unless waived by beneficiaries or ordered by the court.
- File your petition and required documents promptly to avoid delays.
- Consider consulting a probate attorney to guide you through court procedures.