When someone passes away, there are four ways to go about the distribution of property, a Lack of Probate affidavit, informal probate, formal probate, and summary administration.
A Lack of Probate affidavit may be used when the deceased owned less than $100,000.00 in personal property and did not own real estate. With an affidavit, you do not go to court to direct the distribution of property. The successor or beneficiary can claim any of the belongings of the deceased.
The second option is informal probate. Probate is the court process that directs the distribution of estate, property, and debts. Informal probate transfers the title of property owned by the deceased after creditors are paid off. If the deceased died with a will (testate), the court can appoint a personal representative to distribute funds to creditors and beneficiaries. If the deceased passed away without a will (intestate), the process is fairly similar, but there is different paperwork that goes along with it. In Idaho, generally speaking, informal and formal probate must commence within three years of the decedent’s death. However, there are some exceptions to the 3-year rule, which can be discussed with an attorney.
The third option is called formal probate. Formal probate is used when there is a question of the will and its validity, or if there is an objection to a personal representative. The formal probate process is similar to the informal probate process, however, the formal process requires a court hearing to settle any issues that may come up.
The fourth option is summary administration, which can be done if the deceased leaves their spouse as the sole surviving beneficiary. It requires a petition for summary administration as well as a hearing. If the court finds everything to be in order, they can issue a Decree Vesting Estate in Surviving Spouse, which moves the deceased’s property to the surviving spouse.
Laws and exceptions may vary by state and county. A lawyer can help you determine the best option for your situation.
https://adacounty.id.gov/clerk/wp-content/uploads/sites/9/2018/11/Probate_Information.pdf
https://hawleytroxell.com/2018/04/probate-in-idaho/
