The Seven Steps in Idaho's Informal Probate Process

Probate is the judicial process in which a Court oversees the distribution of person’s assets after they die.  In Idaho, probate can proceed “informally” if the original signed Will is available or if the decedent did not have a Will and the Estate is uncontested, or “formally” if the original Will is missing or the Estate is contested.  As the names suggest, informal probate involves the least amount of judicial supervision and does not involve appearing before the Court whereas formal probate includes direct involvement by the Court and attendance at Court hearings.

Although it is possible to initiate a probate proceeding without using an attorney, known as proceeding “pro se”, the highly technical nature of the probate process is best navigated with the assistance of an experienced attorney.  The probate process can take anywhere from six months to more than a year to complete depending on the size of the Estate and whether the Estate is contested.

Informal probate is the most common type of probate proceeding.  Typically, there are seven steps in Idaho's informal probate process:

1. Initiate the Probate Proceeding.  An informal probate proceeding is started when the Application for Informal Probate is filed on behalf of the Personal Representative of the decedent’s Estate.  The Personal Representative (also known as the Executor) is either the individual nominated to be Personal Representative in the decedent’s Will or, if there is no Will, an individual who has priority to serve as Personal Representative, such as a surviving spouse or child. 
   
   
2. Acceptance of the Application and Issuance of Letters.  If the Court is satisfied with the Application for Informal Probate, the Court issues a Statement of Informal Probate opening the probate, and Letters Testamentary or Letters of Administration, which allow the Personal Representative to transact business on behalf of the Estate. 
   
   
3. Notice to Heirs and Devisees.  After the Statement of Informal Probate is issued by the Court, formal notice that probate has been opened must be provided to all of the decedent’s legal heirs – for example, their spouse, children, and grandchildren – as well as any other person or organization that inherits under the terms of the decedent’s Will.
   
   
4. Notice to Creditors.  Next, a Notice to Creditors is published in the local newspaper for three consecutive weeks.  The Notice to Creditors provides all creditors, known or unknown, with an opportunity to present claims against the Estate.  Any unknown claims not presented within four months after publication of the Notice to Creditors are barred.  After the Notice to Creditors has been published for three consecutive weeks, an Affidavit of Publication is filed with the Court certifying that the Notice to Creditors was properly published. 
   
   
5. Inventory of Estate.  Within three months after issuance of the Letters Testamentary or Letters of Administration, an Inventory of all of the assets in the Estate, i.e. a list of everything the decedent owned when they died, must be prepared by the Personal Representative and filed with the Court.
   
   
6. Distribution of Estate assets.  When four months have passed from the date of publication of the Notice to Creditors, the Personal Representative can begin paying any known debts of the decedent from the assets of the Estate. If the decedent died without enough assets to cover their debts, the Court can decide which creditors get paid or the Personal Representative can try to negotiate with the creditors to reduce the debt.  Importantly, the Personal Representative and the decedent’s family do not have to pay the decedent’s debts using their personal funds.  Assuming there are assets remaining after all debts are settled, the Personal Representative is free to begin distributing the Estate’s assets according to the terms of the Will, or according to the laws of intestacy if there is no Will.  In an uncontested estate, a Receipt and Release will be signed by anyone receiving a distribution, acknowledging receipt of their distribution, and releasing the Personal Representative from any liability associated with distributing the assets and from the duty to file an Accounting with the Court.  If a beneficiary is not willing to waive their right to an Accounting, the Personal Representative must file an Accounting with the Court cataloging the expenses of the estate, and the distributions and recipients of the distributions from the Estate. 
   
   
7. Informal Verification Statement of Personal Representative Closing Estate.  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.