Idaho Law Blog

Losing a loved one is difficult. Grieving with your loss while trying to navigate the probate process alone is more than most people can cope with. For this reason, most people hire an attorney to help them through probate which is the collection and management of all assets; paying debts or taxes owed against the estate; and distributing property to your loved one’s heirs. Once you found that attorney to help you through the probate process, how do you prepare for your first meeting?

The tips listed below will help you get organized and will give you and some confidence going into that first meeting. To start with, seek to receive eight to ten (8-10) certified copies of the death certificate. Death certificates are used in planning and carrying out the probate process in many ways from providing a copy to the Court to forwarding copies to account holders and life insurance providers. If possible, bring at least one copy of the death certificate to your first meeting with your probate attorney.

The next step is also very important. You need to determine if there is an existing written Will, or written Estate Plan. Providing these documents to your probate attorney will help in the determination of whether probate is required or can be avoided. For instance, if there is a trust, probate might not be necessary.

Have you ever thought to yourself, “Do I need a will?” 　While we are young, all of us tend to think that we are invincible. 　We feel strong, healthy and full of life. 　Because of this, we put off the thoughts of death and Estate Planning. 　This is stuff only old people think about right? 　The reality is that none of us is truly invincible and everyone needs an Estate Plan.

If you die without an Estate Plan that means your belongings will given to other people through the laws of “Intestacy” or through the government’s default Estate Plan. Intestacy laws will distribute your belongings in a way that is different than what you would plan. 　I discuss this in a previous blog and recommend that you read that as well. 　While understanding the laws of Intestacy is important it isn’t the focus of this section. 　Here I want to focus on children.

For young people with children, having an Estate Plan is vital. 　The reason for this is because, like your belongings, if you don’t create an Estate Plan where you name guardians for your children, the government will do it for you.

From grade school through college, most Americans learned the about the nation’s most famous historical figures, but a vast, new trove of documents, including wills and probate records, contains information not found in most history books. 　These 　records of America’s most famous citizens are now just a mouse click away thanks to Ancestry.com. 　A Utah based company, Ancestry.com, has digitized the wills and probate records of about 100 million Americans dating from the Colonial era to the beginning of the 21st century.

It’s a vast and invaluable resource for ordinary Americans who through the internet can now dig even further into their family roots. Looking at a will is like pulling a thread on family history. Wealth, possessions, family relationships can be followed down the generations for millions of U.S. citizens ranging from obscure relatives to famous historical figures.

According to Jennifer Utley, senior manager of research at Ancestry.com’s Utah headquarters “What you find in probate records and wills are the rich stories about what mattered enough to pass down and a wealth of information about family history. 　They paint a more beautiful picture of people’s lives.”