How is the fair market value of personal property calculated in a probate case in Idaho? | Idaho Probate | FastCounsel
ID Idaho

How is the fair market value of personal property calculated in a probate case in Idaho?

Disclaimer: This article is for educational purposes only and does not constitute legal advice. For advice tailored to your situation, consult a licensed probate attorney in Idaho.

Detailed Answer

In Idaho probate proceedings, executors or administrators must list all personal property and assign each item its fair market value as of the decedent’s date of death. Idaho Code § 45-3-305 requires an Inventory and Appraisement within three months of appointment. The goal is to estimate the price a willing buyer would pay a willing seller under normal conditions.

Key steps and statutory references:

  • Inventory Requirement: Idaho Code § 45-3-305 mandates a complete list of tangible personal property, such as jewelry, vehicles, furniture, and collectibles. (I.C. § 45-3-305)
  • Appraisal Scope: If an item’s value exceeds $1,000, Idaho Code § 45-3-311 allows the court to order a professional appraisal. (I.C. § 45-3-311)
  • Valuation Methods:
    • Comparable Sales: Research recent sales of similar items in auctions or online marketplaces.
    • Qualified Appraiser: Hire a certified appraiser for antiques, art, or specialized property.
    • Replacement Cost Less Depreciation: When direct comparables are unavailable, use the cost to replace the item new and subtract physical depreciation.
  • Court Review: The probate court reviews the inventory and can require additional documentation or adjustment under Idaho Code § 45-3-312. (I.C. § 45-3-312)

Once approved by the court, these values determine estate tax exposure, creditor claims, and distribution to beneficiaries.

Helpful Hints

  • Start Early: Begin gathering receipts, photos, and sales records immediately after appointment.
  • Keep Records: Maintain a file of all valuation methods, appraiser reports, and online listings.
  • Use Experts Wisely: For high-value or unusual items, a professional appraisal avoids later disputes.
  • Document Condition: Note wear, damage, or special features that affect value.
  • Consult the Court Clerk: Local procedures may vary by county; verify deadlines and form requirements.

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney.