Probate in Idaho | ID Legal Resources | FastCounsel

How to Be Appointed Administrator of Your Sister’s Intestate Estate in Idaho

Step-by-step guide to being appointed administrator of an intestate sibling’s estate in Idaho Quick summary: If your sister died without a will in Idaho, the district court in the county where she lived will appoint a personal representative (often called an administrator) to wind up her estate under Idaho’s probate code. Idaho law sets a […]

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Notifying Heirs for Probate in Idaho: Required Notices and Steps

Detailed Answer When you open a probate in Idaho, the court and Idaho law expect that people who have a legal interest in the estate receive proper notice. That includes heirs-at-law (if there is no will), beneficiaries named in a will (devisees), the surviving spouse, and other “interested persons” such as heirs whose identities are […]

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Idaho — Selling a Deceased Parent’s Home With a Reverse Mortgage When the Lender Asks for Renunciation Letters

How to sell a deceased parent’s house in Idaho when a reverse mortgage lender keeps requesting renunciation letters Short answer (FAQ style) If your father had a Home Equity Conversion Mortgage (HECM) or other reverse mortgage and the servicer is asking for renunciation letters, they are trying to make sure the person who signs the […]

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Idaho — First Step to Determine Legal Ownership of a Relative’s Land

Determine Who Legally Owns a Portion of Your Relative’s Land in Idaho: First Step and Practical Guide Short answer: The first step is to identify the parcel and run a public records search at the county recorder (deed) and county assessor (tax/parcel) offices where the land is located. That search will show recorded deeds, the […]

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Challenging Power of Attorney Transfers in Idaho — What to Do if Your Grandfather Lacked Capacity

Can Transfers Made Under a Power of Attorney Be Challenged When the Principal Lacked Capacity? Short answer Yes. Under Idaho law, transfers made by an agent under a power of attorney (POA) can be challenged if the principal (here, your grandfather) lacked the required mental capacity when the POA was executed or when the agent […]

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Idaho: How Jointly Held Bank Accounts and Property Are Handled When Someone Dies Without a Will

How jointly held bank accounts and property are handled when a person dies without a will in Idaho Short answer: Title and beneficiary designations control whether assets avoid probate. Accounts or real estate held with an express right of survivorship or with a payable-on-death (POD) / transfer-on-death (TOD) beneficiary typically pass to the named survivor […]

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Idaho: Which Estate Maintenance Expenses Can Be Reimbursed Before Property Is Sold?

Maintaining Estate Property Before Sale: What Expenses Can Be Reimbursed in Idaho? Short answer: A personal representative (executor or administrator) can generally have reasonable and necessary expenses for preserving and preparing estate property for sale paid from the estate. You must document expenses, follow Idaho probate rules, and often obtain court approval for large or […]

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How to Be Appointed Estate Administrator or Co-Administrator in Idaho

Detailed Answer Short answer: In Idaho, you generally become an estate administrator (often called a personal representative) by filing a petition with the county probate court asking to be appointed, providing required documents and notice, and—if required—posting a bond. The court will appoint the person(s) it determines have appropriate priority, fitness, and consent. This article […]

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Idaho: Using Wills and Beneficiary Designations to Avoid Probate

Can you avoid probate in Idaho using wills and beneficiary designations? Short answer: Partly. Beneficiary designations, payable-on-death (POD) / transfer-on-death (TOD) accounts, joint ownership with rights of survivorship, and properly titled assets can pass outside probate in Idaho. A will alone generally does not avoid probate for assets titled solely in one person’s name. Choosing […]

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Recovering Money Taken From a Deceased Parent’s Accounts — Idaho

Detailed answer — unauthorized withdrawals from a deceased parent's accounts under Idaho law Short answer: Money taken from a deceased person's bank account or charged on their credit cards by an heir after death can usually be recovered by the estate. The estate’s personal representative (executor/administrator) can demand the funds back, sue to recover them, […]

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