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Simplified Probate for Small Estates in Idaho

Written by Dianne Rosell, LawServer Attorney-Editor   
Last Updated December 12, 2008

In general, when someone dies, the estate must go through probate which can be a complicated and lengthy process. But many states provide less complicated options for smaller estates.

Idaho law provides for simplified probate when the value of value of the entire estate less liens and encumbrances does not exceed the homestead allowance, exempt property, family allowance, costs and expenses of administration, reasonable funeral expenses, and reasonable and necessary medical and hospital expenses of the last illness of the decedent.  A personal representative of the decedent may immediately disburse and distribute the estate to the persons entitled to it, and then file a closing statement with the court.

Another option in Idaho for heirs or beneficiaries to inherit property is the use of an affidavit. The heirs or beneficiaries prepare an affidavit identifying the assets they are entitled to inherit. This option may be used when the decedent's estate in this state, less except any motor vehicles does not exceed $100,000.

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