Detailed Answer
To rely on the two-year statute of limitations for creditor claims in Idaho, a client must confirm that the personal representative gave proper notice as defined by Idaho law.
1. Locate the Probate Case File
Visit the county probate court where the estate was opened. Request the case file or review the digital docket. Look for documents titled Affidavit of Publication or Proof of Notice. These filings show the dates and method of notice to creditors.
2. Verify Publication to Creditors
Idaho Code § 15-3-803 requires the personal representative to publish notice once a week for three consecutive weeks in a newspaper of general circulation. Check the affidavit of publication to ensure:
- The newspaper name matches a local, general-circulation paper.
- Publication dates cover three consecutive weeks.
- The notice content matches statutory requirements: estate name, case number, claim deadline.
3. Confirm Proofs from the Newspaper
Contact the newspaper’s legal advertising department. Ask for a certified affidavit confirming the notice ran as required. Compare their records with the court’s affidavit of publication.
4. Review Claims Presentation Records
Idaho Code § 15-3-804 bars any claim not presented within two years after first publication. Check the file for any creditor claims filed after that two-year deadline. If none appear, and proper notice occurred, the two-year bar applies.
5. Confirm Mailing to Known Creditors
If the personal representative knew of specific creditors, Idaho law may require mailing a copy of the notice. Confirm mailing certificates in the probate file showing the date, name, and address of each known creditor.
Disclaimer: This article does not provide legal advice. For guidance on your specific situation, consult a licensed attorney in Idaho.
Helpful Hints
- Order certified court records to verify all filings.
- Compare newspaper affidavit details with statute requirements.
- Keep a timeline of key dates: first publication, four-month claim deadline, two-year bar date.
- Review Idaho Code § 15-3-803 and § 15-3-804 online for exact language.
- Ask the probate clerk for help if you cannot find a proof of publication in the court file.