Disclaimer: This article is for informational purposes only and does not constitute legal advice. Always consult a licensed attorney for guidance on your specific situation.
Detailed Answer
Under Idaho law, a beneficiary can compel an estate administrator (personal representative) to pay an inheritance share by following several steps: requesting an accounting, petitioning the court for distribution, objecting to the account if needed, and, in extreme cases, seeking removal of the administrator for breach of duty.
1. Request an Accounting
Idaho Code § 15-3-805 requires the personal representative to file a final account of asset administration. A beneficiary should send a written request to the administrator demanding this account. Review the statute here: Idaho Code § 15-3-805.
2. File a Petition for Distribution
If assets remain undistributed, the beneficiary may file a petition under Idaho Code § 15-3-701 to settle the estate and obtain a court order for distribution according to the will or intestacy laws. See: Idaho Code § 15-3-701.
3. Object to the Administrator’s Account
Once the administrator submits the final account, beneficiaries have the right to file objections under Idaho Code § 15-3-809. The court will schedule a hearing to address errors, omissions, or disputes, then finalize the distribution order.
4. Seek Removal for Misconduct
If the administrator neglects duties, wastes assets, or defies court orders, a beneficiary can petition for removal under Idaho Code § 15-3-1201. Removal can lead to appointment of a successor administrator who will comply with distribution obligations.
5. Enforce the Court Order
After the court orders distribution, the administrator must comply. If they refuse, beneficiaries can request contempt proceedings or other sanctions to enforce the court’s ruling.
Helpful Hints
- Keep copies of all correspondence with the administrator and court filings.
- Review the decedent’s will and Idaho’s intestacy rules under Idaho Code Title 15, Chapter 2.
- File petitions and objections promptly to avoid missing critical probate deadlines.
- Attend all hearings and be prepared to explain why distribution is overdue.
- Consider consulting a probate attorney if the estate is large or the dispute is complex.