Detailed Answer

1. Who owns the wrongful death claim and who can agree?

Under Idaho law, the wrongful death claim is not a personal claim of an individual heir in isolation. A wrongful death action is brought and proceeds are managed according to Idaho’s wrongful death and probate rules. The decedent’s personal representative or executor normally files or resolves the wrongful death claim on behalf of the estate and its statutory beneficiaries. For more information about Idaho’s wrongful death rules, see the Idaho Code chapter on actions for death: Idaho Code Title 5, Chapter 3 (Actions for Death). For probate duties and distribution issues see Idaho Code Title 15 (Probate and Decedents’ Estates).

2. Are oral agreements to divide proceeds legally enforceable in Idaho?

Potentially yes, but whether an oral agreement is enforceable depends on several factors:

• Who made the agreement and whether that person had authority (for example, the personal representative has a fiduciary duty and cannot lawfully give away estate property without court approval in some circumstances).
• Whether the agreement conflicts with the probate court’s orders or with statutory distribution rules for wrongful death proceeds.
• Whether the subject of the agreement is covered by the statute of frauds (contracts transferring interests in real property generally must be written; most agreements splitting cash proceeds are not).
• The available evidence proving the agreement (witness testimony, contemporaneous emails or text messages, settlement paperwork, bank records showing performance, etc.).

3. Typical paths to enforce an oral agreement

If you are trying to enforce an oral agreement dividing wrongful death proceeds, common legal options include:

• Requesting that the personal representative present the agreement and a proposed distribution to the probate court and ask the court to approve and incorporate that division into a probated distribution.
• Filing a civil claim for breach of contract against the person(s) who made the promise (if the agreement was between private beneficiaries rather than court-appointed fiduciaries).
• Pursuing equitable remedies such as specific performance or estoppel if one party relied on the agreement and changed position to their detriment.
• Seeking court-ordered enforcement as part of probate proceedings or by filing a petition for instructions or accounting in probate court if the personal representative refuses to comply.

4. Typical paths to dispute an oral agreement

If you are disputing an oral agreement (for example, you claim there was no meeting of the minds, the agreement is unfair, or the personal representative lacked power to make it), common steps include:

• Demand that the personal representative produce any purported agreement and related evidence.
• File an objection or petition in probate court asking the court to refuse approval of the distribution and to resolve who is entitled to what share.
• Bring a civil lawsuit for declaratory relief or to rescind the agreement based on fraud, undue influence, or lack of capacity.
• Ask the court to remove or discipline a personal representative who breached fiduciary duties by entering or enforcing an improper agreement.

5. Evidence that helps prove or disprove an oral agreement

Because oral agreements are often disputed, courts look for corroborating evidence. Helpful items include:

• Contemporaneous written communications (emails, texts, letters) describing the agreement or confirming terms.
• Witness statements from people present when the agreement was made.
• Proof of partial performance (checks, bank transfers, deposit slips, canceled checks, or settlement documents showing payments consistent with an agreement).
• Settlement releases or drafts where parties discussed division.
• Notes, memos, or recorded discussions (Note: Idaho law and criminal law may limit whether recordings are admissible—seek local counsel).

6. Role of the probate court and why probate petitions matter

Even if beneficiaries privately agree on a split, the personal representative must still follow probate procedures when administering estate assets. If the representative asks the court to approve a settlement of a wrongful death claim and to authorize distribution of proceeds, the court reviews whether the distribution complies with statute and whether it is fair to the estate and its beneficiaries. If you disagree, you can object in that probate proceeding. Typical probate petitions include requests to approve settlement, to disburse funds, or to settle accounts.

7. Practical timeline and deadlines

Act promptly. Contract claims and claims against fiduciaries are subject to statutes of limitations and procedural deadlines. Also, a court is more likely to preserve evidence and issue timely relief if you move quickly. If you suspect an agreement is being concealed or the estate is being mismanaged, consult a probate attorney promptly to learn the exact deadlines that apply to your case.

8. Remedies a court may provide

Courts can order a variety of remedies depending on the situation, including

• Enforcement of the oral agreement (if proven).
• Monetary damages for breach of contract or for breach of fiduciary duty.
• Rescission of an agreement procured by fraud, undue influence, or mistake.
• An accounting, surcharge, or removal of a personal representative who acted improperly.
• A declaration clarifying each party’s rights to proceeds.

How to proceed right now — step-by-step checklist

1. Preserve evidence: save texts, emails, letters, bank records, and any settlement drafts.
2. Ask the personal representative for a written accounting and any documentation of the alleged agreement.
3. Send a clear written demand or objection (keep a copy). A demand letter sometimes prompts a quick resolution.
4. If the personal representative ignores your concern, file an objection or petition in the probate court where the estate is being administered.
5. Consider mediation—courts often encourage settlement where evidence is mixed.
6. If necessary, file a civil lawsuit to enforce or rescind the agreement or to hold fiduciaries accountable.

When to get help from an attorney

If the proceeds are substantial, the facts are disputed, or a fiduciary may have breached duties, consult an Idaho probate or civil litigation attorney. An attorney can:

• Explain the specific statutes and case law that apply to your facts.
• Help gather and preserve evidence.
• Draft and file probate objections, petitions for instructions, breach of contract claims, or petitions to remove a personal representative.
• Represent you in negotiations, mediation, or trial.

Key Idaho statute resources

• Idaho wrongful death statutes (Actions for death): Idaho Code Title 5, Chapter 3.
• Idaho probate and decedents’ estates (personal representative duties, estates administration): Idaho Code Title 15 (Probate and Decedents’ Estates).
• Idaho courts’ probate resources and local court rules (procedural guidance): Idaho Judicial Branch — Probate.

Important caution and disclaimer

This article provides general information about Idaho law and is not legal advice. It cannot replace advice tailored to the exact facts of your situation. If you need guidance about enforcing or disputing an oral agreement over wrongful death proceeds, contact a licensed Idaho attorney promptly.

Helpful Hints

• Document everything immediately: contemporaneous written proof is often the deciding factor in oral-agreement disputes.
• Ask for written confirmation of any agreement — a short signed memo or email dramatically improves enforceability.
• Remember the personal representative has duties — if they act without court approval, that action may be reversible.
• Use probate proceedings to force disclosure: petitions for accounting or for instructions can reveal the estate’s records and agreements.
• Consider mediation early: it saves time and expense when evidence is mixed.
• Move quickly — statutes of limitations and probate schedules can bar claims that are not timely asserted.