Disclaimer: This article is for informational purposes only. It does not constitute legal advice. Always consult a qualified attorney regarding your specific situation.
Detailed Answer
Verifying whether a decedent left a valid will or other estate planning documents involves both investigative steps and understanding Idaho’s legal requirements. Below is a structured approach under Idaho law.
1. Check for Existing Filings with the Court
Under Idaho Code § 15-3-102, anyone may deposit a will for safekeeping with the clerk of the district court in the county where the testator resides. After a person’s death, the clerk who holds the document must notify the personal representative or interested parties and file it for probate. To search for a filed will:
- Contact the clerk of the district court in the decedent’s county of residence.
- Provide the decedent’s name and date of death, if known.
- Request a search of the court’s estate and guardianship records.
Many courts now maintain online indexes or will registers. If you locate a filing, you can obtain certified copies of the will.
2. Search the Decedent’s Personal Records
Family members often store estate planning documents at home or in a safe deposit box. Take these steps:
- Inspect home offices, file cabinets, safes, and safety deposit box locations.
- Locate keys, codes or bank contact information for safe deposit boxes.
- Review desk drawers, computers, emails, cloud storage, or external drives for digital copies.
3. Contact Professional Advisors
Attorneys, accountants and financial advisors frequently retain copies or know of existing estate plans. Reach out to professionals the decedent used. You may uncover:
- Fully executed wills or codicils.
- Trust agreements, powers of attorney or advance health care directives.
- Self-proving affidavits under Idaho Code § 15-2-503 (Self-Proved Wills).
4. Understand Idaho’s Validity Requirements
Even if you find a will, Idaho law sets formal requirements for validity:
- Writing: The will must be in writing (Idaho Code § 15-2-502).
- Signature: The testator must sign or acknowledge the signature.
- Witnesses: Two competent witnesses must sign in the testator’s presence.
- Self-Proving Affidavit (optional): A notarized affidavit signed by testator and witnesses simplifies probate (§ 15-2-503).
If the document meets these criteria, it is presumed valid and can be admitted to probate. If you question authenticity or execution, you may need to petition the court for a formal hearing on will validity.
5. Proceed with Probate or Intestacy
If you locate a valid will, file a petition for probate in the appropriate district court. If no will appears, Idaho’s intestacy statutes (Idaho Code Title 15, Chapter 2) govern distribution. In either case, timely action is crucial—generally within two years of the decedent’s death to present a will for probate (§ 15-3-102).
Helpful Hints
- Begin your search promptly to meet Idaho’s probate deadlines.
- Keep detailed notes of court inquiries and professional contacts.
- Be prepared to show proof of your relationship or interest in the estate when requesting records.
- Consider hiring a probate attorney if disputes arise over will validity or probate administration.
- Preserve original documents and avoid altering signatures or dates.