Disclaimer: This information is for educational purposes and is not legal advice.
Detailed Answer
Under Idaho law, a probate hearing follows the filing of a petition under Title 15, Chapter 3 of the Idaho Code. If the court has not set a hearing date, you can request one by following these steps:
1. Review Your Filed Petition and Court Docket
First, confirm that the court clerk received and filed your probate petition and supporting documents. Then check the court docket or online case management system for any scheduled hearings.
2. File a Motion for Hearing
Prepare and file a motion titled Motion to Schedule Hearing on Probate Petition. Idaho Rules of Civil Procedure Rule 7 governs motions. In your motion, state the basis for probate and why a hearing is necessary. Reference Idaho Code section 15-3-502, which requires notice of hearing on petitions.
3. Serve Notice to Interested Parties
Under Idaho Code section 15-3-502, you must serve notice of the hearing motion and any related petitions on all interested persons at least 15 days before the scheduled hearing. Provide proof of service to the court.
4. Submit a Proposed Order
Attach a proposed order for the judge to sign that schedules the date, time, and location of the hearing. This helps the court process your request efficiently.
5. Comply with Local Court Rules
Each county may have specific probate rules and filing procedures. Consult the local district court’s probate handbook or website for any additional requirements, such as civil coversheets or filing fees.
6. Follow Up with the Court Clerk
After filing, contact the court clerk to confirm that the hearing date is entered on the docket. Request a stamped copy of the order to send notice to interested parties and the judge.
Helpful Hints
- Use Idaho Supreme Court–approved probate forms available on the Idaho judiciary website.
- Keep copies of all filed documents and proof of service in your case file.
- Check Idaho Code section 15-3-204 et seq for other probate requirements.
- Note filing fees and deadlines; late filings may delay your hearing.
- Consult a licensed attorney for complex estates or contested matters.