Detailed Answer
Under Idaho law, a surviving spouse may request a family allowance from the decedent’s estate to cover living expenses during probate. Idaho Code § 15-2-402 defines a family allowance and grants priority over other claims. To qualify, the claimant must prove a valid marriage at the time of death. A complete, certified marriage certificate from the county recorder’s office serves as primary evidence of marital status. Idaho Code § 15-2-402
Proof of Marriage Requirements
When the marriage certificate is missing or incomplete, the court still allows alternative proof under Idaho probate rules. You must demonstrate the existence of a valid marriage by a preponderance of the evidence. Common substitute records include:
- Recorded affidavits from the officiant or witnesses present at the ceremony.
- Church or religious marriage registers documenting the ceremony.
- Joint tax returns, bank statements or insurance policies listing both spouses.
- Affidavits from family members attesting to recognition of the marriage.
Idaho Code § 15-1-201 permits secondary evidence when original documents are lost or destroyed. Idaho Code § 15-1-201 authorizes the court to admit duplicate or secondary proof upon satisfactory explanation of why originals cannot be produced.
Impact on Spouse’s Allowance Claim
If you lack a complete marriage certificate, the court may delay or deny the family allowance until sufficient proof is submitted. Failure to establish marital status could result in:
- Denial of the statutory allowance under Idaho Code § 15-2-402.
- Potential challenges from other heirs or creditors questioning your relationship.
- Additional costs and time to secure alternative evidence or obtain a court order acknowledging the marriage.
To prevent delays, gather all available records and submit them with your petition for allowance. Where necessary, file a motion for admission of secondary evidence explaining the certificate’s unavailability.
Disclaimer
This article provides general information on Idaho law and is not legal advice. Consult a qualified attorney for advice on your specific situation.
Helpful Hints
- Request a certified marriage record from the county recorder or vital records office as early as possible.
- Collect joint financial documents showing your names as spouses.
- Use notarized affidavits from credible witnesses if the certificate is lost.
- File a motion under Idaho Code § 15-1-201 to admit secondary evidence if originals are unavailable.
- Consult an Idaho probate attorney to guide you through evidentiary requirements and court procedures.