How does an incomplete or missing marriage certificate affect a surviving spouse’s allowance claim under Idaho law?
Detailed Answer Under Idaho law, a surviving spouse may request a family allowance from the decedent’s estate to cover living expenses during probate. Idaho Code § 15-2-402 defines a family allowance and grants priority over other claims. To qualify, the claimant must prove a valid marriage at the time of death. A complete, certified marriage […]
Read article →How can John Doe obtain appointment as administrator in Idaho when a higher-priority heir exists?
Disclaimer: This article provides general information and does not constitute legal advice. Detailed Answer Idaho courts follow a strict order of priority when appointing an administrator. Under Idaho Code § 15-3-102 (https://legislature.idaho.gov/statutesrules/idstat/title15/t15ch3/section15-3-102/), the court first considers the surviving spouse, then children, parents, siblings, and so on. If a higher-priority heir exists but will not or […]
Read article →What is the process and timeline for applying to become the personal representative of an estate in Idaho?
Detailed Answer In Idaho, a personal representative (formerly executor or administrator) manages the probate process on behalf of an estate. You begin by filing a petition with the district court in the county where the decedent resided. Below is a step-by-step overview under Idaho law. 1. Eligibility and Petition Any interested person—typically a nominated executor […]
Read article →How Can a Guardian or Guardian ad Litem Be Appointed to Manage a Minor’s Interest in an Estate in Idaho (ID)?
Disclaimer: This article is for informational purposes only and does not constitute legal advice. If you need guidance specific to your situation, consult a licensed Idaho attorney. Detailed Answer Under Idaho law, a court may appoint a guardian of the estate or a guardian ad litem to protect a minor’s interest in an inheritance or […]
Read article →What Steps Protect a Minor's Inheritance When the Decedent Did Not Leave a Will in Idaho?
Disclaimer: This article provides general information under Idaho law. It does not constitute legal advice. Consult a licensed attorney for guidance on your specific situation. Detailed Answer When a person dies without a valid will in Idaho, they die “intestate.” Idaho Code Title 15, Chapter 2 governs intestate succession and designates heirs. If one of […]
Read article →Can a Personal Representative Seek a Commission on Estate Assets and Sale Proceeds in Idaho?
Detailed Answer Who is a personal representative? Under Idaho law, a personal representative (sometimes called an executor or administrator) is the person appointed by the court to manage and settle a decedent’s probate estate. The duties include gathering assets, paying debts and taxes, selling property when needed, and distributing remaining assets to beneficiaries. Statutory commission […]
Read article →What steps are required to locate, inventory, and distribute estate assets and settle debts in Idaho?
Step 1: Open Probate with the Court Start by filing a petition for probate in the district court of the county where the decedent lived. Attach the original will (if there is one) and a certified death certificate. The court appoints a personal representative (executor or administrator) to manage the estate. See Idaho Code § […]
Read article →How Do Idaho Intestacy Rules Apply If No Valid Will Is Found?
Disclaimer: This article is for educational purposes only and does not constitute legal advice. How Intestacy Works in Idaho When someone dies without a valid will (intestate), Idaho’s statutes set the order for distributing assets. Chapter 2 of Title 15 governs intestate succession. See Idaho Code § 15-2-101 et seq. Order of Inheritance Idaho law […]
Read article →Which Court or County Office Handles Estate Administration and Unclaimed Property Claims in Idaho?
Disclaimer: This content is for educational purposes only and does not constitute legal advice. Always consult a qualified attorney for guidance on your specific situation. Estate Administration in Idaho When someone passes away in Idaho, their estate typically goes through a probate process. In most counties, the District Court—often called the probate court—handles estate administration […]
Read article →How can someone determine if a probate estate has been opened for a decedent in Idaho?
How to Find Out if a Probate Estate Has Been Opened for a Decedent in Idaho Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult an attorney licensed in Idaho for guidance specific to your situation. Detailed Answer In Idaho, probate proceedings for a decedent’s estate are handled by […]
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