Probate in Idaho | ID Legal Resources | FastCounsel

How does title transfer for an inherited home when there is no will and multiple heirs? Idaho

Detailed Answer Intestate Succession Under Idaho Law When a homeowner dies without a will in Idaho, state law governs how their property passes. Idaho Code Title 15, Chapter 2 (Idaho Code §15-2-101 et seq.) sets out the rules of intestate succession. If the decedent leaves a spouse and children, the spouse typically receives the first $100,000 of […]

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What steps are involved in an Idaho Medicaid estate recovery claim against inherited property?

Detailed Answer Disclaimer: This article is for educational purposes only and does not constitute legal advice. Under Idaho law, Medicaid covers long-term care and related services for eligible recipients. When a recipient’s care costs exceed their income and assets, Idaho’s Department of Health and Welfare (IDHW) may recover those expenses from the recipient’s estate after […]

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How to apply for a Medicaid hardship waiver to protect inherited property from estate recovery claims in Idaho?

Disclaimer: This article is for informational purposes only and does not constitute legal advice. Always consult a qualified attorney for guidance on your specific situation. Detailed Answer What Is Medicaid Estate Recovery in Idaho? Under Idaho Code Title 56, Chapter 2 (§56-201 et seq.), the Idaho Department of Health and Welfare can seek reimbursement for […]

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Can I appeal a probate court decision removing a personal representative in Idaho?

Detailed Answer Disclaimer: This information is for educational purposes only and does not constitute legal advice. Consult a licensed Idaho attorney for guidance on your specific matter. Under Idaho law, a personal representative may be removed for cause. Idaho Code §15-3-312 outlines grounds for removal, such as misconduct, waste of assets, failure to file an […]

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How to Determine Intestate Heirs of My Father’s Estate in Idaho

Disclaimer: This article is for informational purposes only and does not constitute legal advice. For guidance on your specific situation, consult a licensed attorney. Detailed Answer When someone dies without a valid will, theyre considered to have died intestate. In Idaho, intestate succession follows the order set out in Idaho Code Title 15, Chapter 2. […]

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Does the Personal Representative Have to Provide Me a Copy of the Accounting in Idaho?

Disclaimer: This article is for informational purposes only and does not constitute legal advice. Detailed Answer If you are an interested person in an Idaho probate proceeding—such as a beneficiary, heir, or creditor—you may wonder whether the personal representative must provide you a copy of the estate accounting. Under Idaho law, the personal representative has […]

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How to manage estate administration when assets are located in multiple counties or jurisdictions in Idaho?

Detailed Answer Managing an estate when assets sit in multiple Idaho counties or across state lines requires careful planning and coordination. You must determine where to open the primary probate, handle any ancillary proceedings, and follow Idaho’s probate statutes to ensure valid administration. 1. Inventory All Assets and Their Locations Begin by creating a complete […]

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What documents are needed to complete a small estate affidavit for estate assets in Idaho?

Detailed Answer In Idaho, a small estate affidavit lets you collect certain estate assets without formal probate. You can use this process when the decedent’s personal property totals $100,000 or less and real property does not exceed $20,000. This procedure is governed by Idaho Code Title 15, Chapter 3 (§ 15-3-101 et seq.). Required Documents […]

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How to Distribute Estate Assets to Heirs Using a Small Estate Affidavit Process in Idaho

Detailed Answer If a person passes away in Idaho with a limited amount of personal property and no real estate, Idaho’s small estate affidavit process allows heirs to collect assets without formal probate. Under Idaho Code §15-3-1201 et seq., this “summary administration” applies when a decedent’s personal property does not exceed $100,000 in value and […]

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How to Validate and Certify an Affidavit of Collection to Collect Personal Property in Idaho

Detailed Answer In Idaho, you can collect a decedent’s personal property without formal probate by using an Affidavit for Collection of Personal Property under Idaho Code § 15-2-101. This procedure applies when the total value of personal property does not exceed $100,000 (excluding liens and encumbrances). Follow these steps to validate and certify your affidavit: […]

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