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Probate in Boise Idaho

For decades, our Probate attorneys in Boise continue to assist and help clients complete the probate process after a close friend or a family member passes away. We understand how complex the process can appear when you are not familiar with it. We make it our goal to keep probate as simple as possible by taking care of the complexities and stresses that can arise so you don’t have to. We work with our clients in resolving the decedent’s debts and making sure that the money and property left by the decedent is distributed to who it should go to. We know we can help you too.

Our Boise Probate Attorneys have over 70 years of experience in advising and representing clients in the probate process. Based on the experience and knowledge our team of probate attorneys in Boise have we are confident that we can help you whether you are faced with a small or a large estate. Partners Randy Budge and Lane Erickson, and attorneys Nathan Palmer and Dave Bagley are ready to help you.

Probate is simply the legal process and procedure used in Boise to resolve the debts of the decedent and to collect, manage and ultimately distribute all of the property and money a person owns after they die. There are 6 steps to complete a probate in Boise which include the following:

1. File an application to Probate

The first step that must be completed in the Boise Probate process is to file an Application to probate. The Application is the document that names the person who passed away; the Application identifies the relationship and name of the person who is asking the Court to be appointed as the Personal Representative or Executor. Additionally, the application lists all of the heirs and/or beneficiaries of the decedent along with their contact information so the Court can give them notice of the filing of the probate. The Court then reviews the application so that the probate process can proceed.

It is important to note that a probate will likely be required whether or not the person who died had a written Last Will and Testament. The application specifically states whether the decedent had a will or not. If a will was written it is attached to the application so the Court can review it. When a decedent dies and doesn’t have a written will, the laws of Intestacy in Idaho provide instructions about who can file the application. Additionally, the intestacy laws specify who should be appointed as the Executor, and to whom the decedent’s property and money will be distributed. Once the application is filed, the Court reviews the application and then moves on to the second step in the probate process.

2. Personal Representative is Appointed

The second step the Court follows in the Boise probate process is to issue a written Statement or Order that officially commences the probate. The Statement or Order is officially signed and stamped by the Court. This is important because this document names a specific person as the Executor or Personal Representative of the estate. This document provides part of the proof that they are authorized to deal with all of the decedent’s debts and property.

This is not the only document the court signs, however. The Court also issues multiple original Letters Testamentary, which are one (1) page documents with an official court stamp at the bottom, that identifies who the decedent is, the court case information and who the named Executor is which can be relied upon by any third party who holds money or property of the decedent. For example, if the decedent has a bank account, the bank will provide access to the account to the Personal Representative after they are given one of the Letters Testamentary. Brokerages and other financial institutions also require one of these documents before they will allow a Personal Representative to access to the decedent’s accounts.

3. Publishing Notice to Creditors

The next step is to provide written notice to creditors. Known creditors most often include mortgage holders, banks, credit card companies, hospitals, utilities, and so forth. Known creditors usually send out written bills every month and their claims must be paid, unless there is a problem with their accounting. However, unknown creditors may include a personal loan that a family member, friend or other person made to the decedent before he died that no one else in the family knew about. These creditors must be given notice of the probate so they can make a claim.

In completing the probate process in Boise, the personal representative provides notice to unknown creditors by publishing a Notice to Creditors in a newspaper where the decedent resided. This type of published legal notice is most often found in the classified section of the paper.

The statutes in Idaho require the notice to be published one day a week for three consecutive weeks. After the first day of publication, Idaho’s statutes give unknown creditors 4 months to file their claim with the court and the estate. After publication, when an unknown creditor fails to file a claim in time the claim fails and doesn’t need to be paid. This process protects the estate from either bogus claims or other claims that might have been made years later, after the probate is completed.

4. Estate Inventory

The fourth step is providing an inventory of all of the money and property owned by the decedent when he died. The Personal Representative prepares a written list of all of the property, including personal property, bank accounts, real property, and so forth. Rather than providing specifics, broad categories such as “vehicles” and “real estate” and “household and person affects” are used in the inventory. Values for each of these categories are then listed and the estate inventory is filed with the Court.

5. Paying or Denying Creditors’ Claims

The next step in the Pocatello probate process is to either pay or deny the claims that were made by the creditors. Each claim is considered and evaluated individually. The personal representative, who is tasked with the reasonability to protect and preserve the assets and property in the decedent’s estate then decides whether a claim is legitimate and should be paid. When a creditor fails to provide enough evidence that a debt is legitimately owed by the decedent the personal representative should challenge the claim.

If a claim is denied by a personal representative the creditor has the opportunity to pursue the claim through the court. This allows both the judge and the personal representative to review all of the evidence supporting the creditor’s claim. The judge ultimately decides whether the claim is valid.

6. Distributions and Ending the Probate

The final step is distributing property and/or money to the legitimate heirs and beneficiaries of the decedent and then ending the probate. This is done by the Personal Representative either through the Intestate statutes or through the decedent’s written Last Will and Testament if one exists. Once the assets are distributed the Personal Representative can provide a written report to the court and ask the court to end the probate.

Enlist a Boise Estate Planning Attorney to Help You

If you have a family member or close friend who recently passed away in the Boise area and you have questions about the probate process we can help. We are available to answer your questions and discuss your concerns at an initial free consultation. Call us toll free at 877-232-6101 or 208-232-6101 for a free consultation with the Racine Olson team of Probate attorneys in Idaho. You can also email us directly at racine@racinelaw.net. We will answer your Boise Probate and/or Estate Planning questions and will help you solve your problems.

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