Probate

Probate is a legal proceeding that governs the distribution of assets left by a person who either had no estate plan in place at their death (also called “intestate”) or who used a Will to distribute their assets. Assets left in trust follow a different procedure and do not have to go through the probate process. 

​At Shaila Buckley Law, we can help you navigate the probate process and provide you with support and compassion during a challenging time.  Please click here to schedule a meeting with our office to begin the probate process.

Here are answers to questions we are frequently asked about probate:​

Does Your Loved One's Estate Need to be Probated?

If your loved one’s assets are worth over $100,000, or if they owned real estate, their estate must go through probate unless their assets were in a revocable living trust.

​What Happens if Your Loved One
​Did Not Have a Will?

​If a person dies without a Will or Revocable Living Trust stating their wishes for how their assets should be distributed when they die, state law controls how those assets are distributed.  These laws are called the laws of “intestacy.”  In general, if the person who died (called the Decedent) was married, all of their community assets pass to their spouse.  If the Decedent was not married (or if their spouse predeceased them), their assets pass in equal amounts to their children, and to their parents if they did not have a spouse or children.  If the Decedent did not have a spouse, children, or parents, their estate will pass to more distant relatives. 

What are the Steps in the Probate Process?

Probate in Idaho involves several steps and certain paperwork must be filed with a Court.  At Shaila Buckley Law, we are here to help you with this process.  We prepare all of the necessary paperwork, file these documents with the Court, and guide you through each step in the process.  

1. Starting the Probate Process

To begin probate, someone (usually a family member) files paperwork with the court. This person asks to be named the Personal Representative (sometimes called an Executor). If the deceased person left a will, the will names who should be the Personal Representative. If there's no will, the law says who can serve as Personal Representative —usually a spouse or child. 

2. Getting Court Approval

If the court approves the application, it issues important documents:

• A Statement of Informal Probate that officially opens the probate process
• Letters Testamentary (if there was a will) or Letters of Administration (if there was no will)

These documents give the Personal Representative legal permission to handle the deceased person's affairs.

3. Notifying Heirs and Family

The Personal Representative must notify all the deceased person's legal heirs (like their spouse, children, and grandchildren) that probate has started. They must also notify anyone named in the will to receive property.

4. Notifying Creditors

The Personal Representative publishes a notice in the local newspaper for three weeks in a row. This tells anyone the deceased person owed money to that they have four months to make a claim. After publishing the notice, the Personal Representative files an Affidavit of Publication with the court.

5. Creating a Property List

Within three months, the Personal Representative must create an Inventory—a list of everything the deceased person owned when they died. This inventory is filed with the court.

6. Distributing Property and Closing the Estate

After four months from the first newspaper notice, the Personal Representative:

• Pays the deceased person's debts using money from the estate
• Distributes the remaining property according to the will or state law
• Has recipients sign a Receipt and Release acknowledging they received their share
• Files a statement with the court to officially close the probate

​Important Note: If there isn't enough money to pay all debts, the court decides which creditors get paid. Family members don't have to use their own money to pay the deceased person's debts. ​ 

​To learn more about the steps in the informal probate process, please click here.

How Long Does Probate Take?

In Idaho, probate typically takes at least 6 months from start to finish for a simple estate. More complicated situations may take longer.

What Information Do I Need to Gather?

The court will need the following information from you as part of the probate process:
​

1. The name of the person who died, their age when they passed, and where they were living when they died
2. A copy of their original will, if they had one
3. A list of the names and addresses of their spouse and children
4. A list of the names and addresses of anyone else listed as a beneficiary in their will
5. A list of the decedent’s assets

What Steps Do I Need to Take as Personal Representatives?

As Personal Representative, you are responsible for gathering your loved one's assets, paying their debts, managing the probate process with the court, and distributing your loved one's assets according to their wishes.  There are several tasks involved with this process.  For a copy of our "Personal Representative's Checklist", please click here.