Disclaimer: This article provides general information and does not constitute legal advice. Consult a licensed attorney for guidance.
Detailed Answer
In Idaho, the probate process does not use the terms “common form” or “solemn form.” Instead, Idaho Code Title 15 outlines two primary probate procedures: informal probate and formal probate. Which path you follow depends on whether interested parties agree and whether disputes arise.
Informal Probate
Informal probate offers a streamlined process when all heirs and beneficiaries agree and no objections occur. Key features include minimal court hearings and simplified notice requirements.
- Informal probate of a will: A personal representative may present the will and petition the court without formal notice if all parties waive formal notice. (See Idaho Code § 15-3-101.)
- Informal administration without a will: When no will exists, a close relative can petition for appointment as administrator under simplified rules. (See Idaho Code § 15-3-201.)
Formal Probate
Formal probate applies if any interested party objects, if the court orders it, or if the estate is complex. This process requires formal notices, bond postings, and a hearing before a judge.
- Formal probate of a will: The court holds a formal hearing to validate the will, hear evidence, and resolve objections. (See Idaho Code § 15-3-501.)
- Formal administration without a will: If there is no will or if there are disputes over heirs, the court conducts a full formal hearing. (See Idaho Code § 15-3-502.)
Other Probate Options
- Small estate affidavit: For estates valued under $100,000, heirs may use an affidavit procedure without formal probate. (See Idaho Code § 15-3-112.)
- Ancillary probate: If the decedent held property in another state, you may need a separate ancillary probate proceeding. (See Idaho Code § 15-3-122.)
In short, Idaho does not distinguish between “common” and “solemn” probate forms. Instead, you choose between informal or formal proceedings based on agreement among parties and the complexity of the estate.
Helpful Hints
- Gather all estate documents—wills, asset lists, and debts—before filing.
- Confirm whether heirs consent; unanimous consent allows informal probate.
- Be prepared for a bond requirement in formal proceedings.
- Consider a small estate affidavit if the estate’s value is under $100,000.
- Consult an Idaho probate attorney if disputes, out-of-state property, or complex assets are involved.