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As part of the probate process, letters testamentary are issued by your state's probate court. To obtain the document, you need a copy of the will and the death certificate, which are then filed with the probate court along with whatever letters testamentary forms the court requires as part of your application.
Idaho probate follows this general flow: contact the court, get appointed as personal representative, submit will if it exists, inventory and submit valuations of all relevant assets, have the court and beneficiaries approve it, and then distribute the assets to beneficiaries.
If you factor in all fees, the cost of a probate attorney and any Executor fees, a basic, simple probate could average somewhere between around $2,000 - $3,000. Of course this range could drastically change depending on how complicated the estate is and other factors we've mentioned.
In Idaho, probate can proceed ?informally? if the original signed Will is available or if the decedent did not have a Will and the Estate is uncontested, or ?formally? if the original Will is missing or the Estate is contested.
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.
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.
Formal probate is often used when family members are contentious. By having a court approve the actions of the personal representative, this individual can escape continuous accusations from heirs and other beneficiaries concerning their actions and conduct during the course of the probate.
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.