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Top 3 Idaho Probate Tips

By Lane V. Erickson, Idaho Estate Planning Attorney

Probate is an event that touches nearly every family at one time or another. Many people have negative ideas about probate simply because they don’t understand what probate is or how the process works. Having been an Idaho estate planning and probate lawyer for over 20 years, I can say with confidence that every client I meet with walks away with an understanding and positive image of Idaho probate. The reasons my clients feel better about probate is because I am able to explain to them that probate in Idaho is very inexpensive compared to most other states, and also offers several options to surviving spouses and families that don’t exist in other places.

Whenever a family member or loved one has passed away, we offer a free 30-minute probate consultation to meet with the spouse, children and family members. During this meeting we discuss the probate process, and answer questions that our clients have. We’ve found that when this free 30-minute consultation is over, our clients walk out of our office feeling a great sense of relief.

At the Racine law office our premier team of Idaho estate planning and probate attorneys have assisted clients for over 70 years with all of their planning and probate needs. Our team includes partners Randy Budge and Lane Erickson and attorneys Nate Palmer and Dave Bagley. We are proud of our team because each of our lawyers have each earned the highest rankings possible from all of the notable legal ranking services including AVVO, Justia, and Martindale & Hubbell. We are both confident and certain that our team can help you.

If you’ve recently had a spouse, family member, or a loved one pass away, you likely have questions about probate and how the probate process works in Idaho. The purpose of this article is to give you our top three tips when it comes to probate in Idaho.

Keep in mind that you won’t find the answers to all of your questions here. This article is designed to give you enough information to help you get started on the right path when it comes to dealing with probate. There is no one internet article that can contain all the information you need to know about probate. Rather than trying to find what you need to know from the internet, we encourage you to contact us for a free 30-minute probate consultation where we can explain the entire probate process to you and your family and we can answer all of your specific questions.

1. Have a Written Last Will and Testament

The first of our top three tips that we can offer to you is to make sure that you or your family and loved ones have a written last will and testament. I know this may sound like a tip for estate planning and probate but I can assure you that having a written Will has a direct impact on how probate goes.

In your written last will and testament you have the ability to nominate and appoint the person you want to serve as your personal representative. This person is charged with the specific responsibility of making sure that the probate happens, that all the steps in probate are accomplished, and that all the money, property, and other assets in your estate, are distributed to the individuals and people that you specifically want them to go to.

This brings us to the second reason that having a written last will and testament is important for probate. By having a written Will, you control exactly who you give your property to. Additionally, you have the ability to nominate Guardians for your children, and if need be, to set up a testamentary trust that will protect your children until they reach the age you believe they are old enough to handle receiving what you want to give to them.

2. Work With an Experienced Probate Lawyer

The second of our top 3 tips that I can offer to you about how to make a probate a less difficult experience is to work with a knowledgeable probate lawyer. There really is no substitute for experience when it comes to probate. You want to know that the attorney you are relying on has been through many probates, has dealt with many probate issues, and understands how the probate process is completed through Idaho’s courts.

Yes, you will have to pay the lawyer you hired to help you with the probate. However, I can tell you with confidence, and experience, that spending a little bit of money up front to get things done right when it comes to a probate, will often save you a great deal of money in the end.

3. Never Stop Communicating

The third of our top three tips that we provide to you when it comes to probate, is to never stop communicating with your family and loved ones. Communication really is the key. Because of this, when we do the free 30-minute probate consultation, we encourage as many family members to attend as possible including spouses, children, grandchildren, and so forth. When this happens, we find that the individual who acts as a personal representative receives far less resentment, or nagging questions or concerns from other family members. It is an undeniable truth that five people hearing the same thing will remember far more than any one of the individuals remembers alone. Additionally, when all family members hear the same things about probate, this gives them the ability to communicate to each other about the probate process.

We have helped numerous families complete the probate process. We are confident that we can help you too. If you have questions or concerns, please contact us for a free 30-minute probate consultation where we can answer your questions and help you!

Enlist an Idaho Estate Planning Attorney to Help You

Our team of Idaho lawyers can help you with any of your estate planning or probate needs. Whether you are seeking to create or review an estate plan for yourself or would like to help a loved one, we are available to discuss your options and answer your questions at an initial free 30-minute consultation. Call us toll free at 877.232.6101 or 208.232.6101 for a free consultation. You can also email us directly at or stop by our office at 201 East Center Street, Pocatello, Idaho 83201. We will answer your questions and help you solve your Idaho Estate Planning problems.

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