By Lane V. Erickson, Idaho Estate Planning Attorney
One of the most important jobs I perform as an estate planning and probate lawyer is helping my clients determine when and if a probate is required. While doing this, I often find some misunderstandings exist. For example, some clients erroneously believe that if there is a written last will and testament then there is no need to complete a probate. This is not true.
Regardless of whether there is or isn’t a written Will, a probate is required in Idaho anytime a person individually owns any type or kind of an interest in real estate, or even if there is no real estate that is owned, a probate is still required when the total value of the individual’s estate is worth $100,000 or more when they die.