Detailed Answer
The personal representative begins probate by filing the decedent’s will (if any) and qualifying with the Idaho court. The court then appoints the representative to manage estate affairs.
Next, the representative must identify and notify creditors. Idaho Code § 15-3-801 requires notice by publication in a local newspaper for three consecutive weeks. Known creditors also receive mailed notice.
Creditors have four months after the first publication date to file claims under Idaho Code § 15-3-804. The representative reviews each claim and approves valid debts for payment.
Before distributing assets, the representative inventories and appraises estate property under Idaho Code § 15-3-601. This inventory ensures an accurate accounting of assets and liabilities.
Idaho Code § 15-3-1205 sets the payment priority: first administration costs and funeral expenses, then estate administration expenses, followed by secured and unsecured creditor claims.
After the creditor claim deadline expires and all valid debts are paid, the representative files a final accounting and petition for distribution. Once the court approves, the representative distributes remaining assets to heirs.
Helpful Hints
- File a timely inventory to avoid court sanctions.
- Track publication dates closely to calculate the creditor claim deadline.
- Maintain detailed records of all notices, claims, and payments.
- Review the Idaho Probate Rules for procedural deadlines and forms.
- Consider small estate procedures if the estate qualifies under Idaho Code § 15-3-1101.
Disclaimer
This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney to discuss your specific situation.