Idaho Probate Attorneys have more than 30 years experience with Idaho probate courts and probate law. They answer questions, provide guidance and assist people going through the probate process. They handle probate matters thoughout southern Idaho including Boise, Meridian, Nampa, Caldwell, Fruitland, Payette, Weiser, McCall, Sun Valley, Twin Falls, Idaho Falls and Pocatello. They have excellent records as members of the Idaho Bar Association. Idaho Probate Lawyers are always happy to visit with you at no charge to answer your questions about Idaho probate law, courts and procedures.
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Idaho Probate Attorneys
Idaho Probate Attorneys
Idaho Probate Attorneys
Robert C. Montgomery, Chtd.
Surprisingly Affordable Rates
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(208) 322-8865 1-888-527-6207
More Than 30 Years Probate Experience In Idaho
Idaho Probate Laws & Procedures
Common Questions & Answers
What is probate in Idaho? Probate in Idaho is the process by which legal title to property is transferred from the decedent's estate to his/her beneficiaries
If a person dies with a will or ("testate"), the probate court may be asked to determines if the will is valid and hears any objections to the will. The court can also order that creditors get paid and further supervises the process to assure that property remaining is distributed in accordance with the terms of the will.
If a person dies without a will or ("intestate"), the probate court appoints a person to receive all claims against the estate, pay creditors and then distribute all remaining property in accordance with the laws of the state. The major difference between dying testate and dying intestate is that an intestate estate is distributed to beneficiaries in accordance with the distribution plan established by state law; a testate estate (after payment of debts, taxes and costs of administration) is distributed in accordance with the instructions provided by the decedent in his/her will.
How does the probate process begin? There are different procedures available with the Idaho Probate Court so the process depends on the circumstances and needs of the heirs. Some probate processes can be relatively straightforward, while others can be particularly complicated. Sometimes its just a matter of filing a form or petition which can happen rather quickly within a few weeks. Other times it becomes more difficult if there are complexities or disputes over property by the heirs or creditors. In general, the simplest estates may be probated within 3 months of filing the petition of probate. If there are any complexities, however, such as the will being contested by any of the beneficiaries or property is owned in different states, probate may take anywhere from six months to two or more years.
Is probate required when someone dies? Probate in Idaho is not required in all cases but it may be difficult or impossible to transfer certain assets of the deceased to the proper heirs without probate . . . MORE
How long does probate take? Because there are different procedures available, the time involved may vary. The appointment of a personal representative or executor can usually occur quickly . . . MORE