This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.
Idaho Petition to Determine Distribution Rights of the Assets of a Decedent
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How to fill out Petition To Determine Distribution Rights Of The Assets Of A Decedent?
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FAQ
15-2-803. Effect of homicide on distribution at death. (a) (1) "Slayer" shall mean any person who participates, either as principal or as an accessory before the fact, in the wilful and unlawful killing of any other person.
Under normal circumstances, as listed above, a probate must be completed within 3 years of a person's death. However, Idaho has a specific statute that allows for a joint probate to be completed for both spouses regardless of how much time has gone by since the first spouse passed away.
Every estate is different and can take a different length of time to administer depending on its complexity. There is a general expectation that an executor or administrator should try to complete the estate administration within a year of the death, and this is referred to as the executor's year.
Specifically, in Idaho a probate is required after you die anytime your estate includes any assets that have a value of $100,000 or more. Additionally, a probate is required in Idaho anytime your name is on the deed to any real estate, homes, or land regardless of its value.
(a) Upon the testate or intestate death of a person leaving a surviving spouse as the sole devisee or beneficiary, the surviving spouse (or any person claiming title to any property through or under such surviving spouse) may file a verified petition setting out marriage and the death of a person leaving a surviving ...
Creditors have a certain time frame, typically four months from the date of appointment of the executor or administrator, to file their claims for payment. If the estate has enough assets, the debts are paid. If not, creditors are generally paid on a pro-rata basis.
§ 15-3-108) a regular probate must be completed within 3 years of a person's death.
The simple answer is yes there is. Under applicable Idaho law which is found at Idaho Code §§ 15-3-108 and 15-3-301(7) a person has three (3) years to probate a written last will and testament.