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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.
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.
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.
Through an ancillary probate, the original or main probate will be started where the person who died resided when they were alive. This state has the authority to control that particular probate.
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.
The Deadlines for a Regular Probate ing to Idaho's applicable statutes, (I.C. § 15-3-108) a regular probate must be completed within 3 years of a person's death.
Ing to Idaho Code § 15-3-1201 et seq., after a family member or loved one passes away, an individual can use a small estate affidavit that specifically identifies them as the recipient of personal property owned by the decedent. The small estate affidavit has to have some specific language in it.
Once all the assets have been distributed, the Personal Representative files the Informal Verification Statement of the Personal Representative with the Court formally closing probate.