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Prepared by U.S. Legal Forms, Inc.
Copyright 2016 - U.S. Legal Forms, Inc.
STATE OF IDAHO
SUMMARY ADMINISTRATION PACKAGE
Control Number – ID – ET20
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SUMMARY ADMINISTRATION PACKAGEID-ET20
INCLUDED:
Form One - Petition for Informal Appointment of Personal Representative
Form Two - Notice of Petition
Form Three - Proposed Order Approving Petition
Form Four - Inventory and Appraisement
Form Five - Closing Statement
Selected Idaho Statutes
PLEASE NOTE: The following is a limited set of instructions regarding the use of the
included forms. This in no way should be considered a complete discussion of the
process of probating an estate. Idaho statutes regarding probate are complex, and care
should be taken to read and understand applicable statutes. Consultation with a
knowledgeable attorney is always advised.
Step One – Submit a petition to the probate court requesting to be named as
the estate administrator. Notice of this petition must be given to
given to any interested person who has demanded it, to any former
administrators of the estate, and to any other party entitled to be
appointed.
Step Two – Contact the court administrator regarding a hearing date for the petition.
Step Three – Upon approval of petition by probate judge, tender to the judge an order approving the petition.
Step Four – File with the court an accounting of the estate and provide a copy
to any interested party who has requested one.
Step Five – Distribute the estate and file a closing statement.
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IN THE __________________ COURT OF ____________, COUNTY, IDAHO
In the Matter of the Estate of Case. No ______________
Deceased
PETITION FOR INFORMAL APPOINTMENT AS PERSONAL REPRESENTATIVE
COMES NOW, ______________________________, and files this Petition for
Informal appointment as Personal Representative and Summary Administration and
would show unto the court as follows:
1. The petitioner, ______________________________, of the following address,
________________________________________________, holds an interest in the
estate of the deceased through the following relationship, that of ____________________________________.
2. The decedent, ______________________________, aged ____________ years, a
resident of __________________ County, residing at
____________________________________________________________, passed from
this life at on the ______ day of __________________, 20______, with without a
will.
3. The following are the names and addresses of all parties with an interest in the
estate of the decedent, including the age of any who is a minor and the relationship of
each heir and devisee to the decedent, so far as is known to the petitioner.
Name Address Age/Relationship
Name
Address:
City:
State & Zip:
Relationship
Age
Name
Address:
City:
State & Zip:
Relationship
Age
Name
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Address:
City:
State & Zip:
Relationship
Age
Name
Address:
City:
State & Zip:
Relationship
Age
Name
Address:
City:
State & Zip:
Relationship
Age
Name
Address:
City:
State & Zip:
Relationship
Age
Name
Address:
City:
State & Zip:
Relationship
Age
Name
Address:
City:
State & Zip:
Relationship
Age
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4. The following is the name and address of any personal representative of the
decedent appointed in this State or elsewhere whose appointment has not been
terminated, if any.
Name
Address:
City:
State & Zip:
5. A will exists. The original of the decedent's last will is in the possession of
this Court, or accompanies this application, or an authenticated copy of a will probated in
another jurisdiction accompanies this application. Further, the applicant, to the best of
the applicant's knowledge, believes the will to have been validly executed, and that after
the exercise of reasonable diligence, the applicant is unaware of any instrument revoking
the will, and that the applicant believes that the instrument which is the subject of the
application is the decedent's last will. The will was executed on the ______ day of
__________________, 20______, and was tendered for probate or an application for
probate was filed on the ______ day of __________________, 20______.
6. A will does not exist, and the decedent’s estate consists solely of community
property of the decedent and surviving spouse. The petitioner is the surviving spouse of
the decedent and sole heir of the decedent
7. The petitioner has has not received a demand for notice, and/or is
is not aware of any demand for notice of any probate or appointment proceeding
concerning the decedent that may have been filed in this State or elsewhere.
8. The time limit for informal probate has not expired either because three years or
less have passed since the decedent's death, or, if more than three years from death have
passed, that circumstances as described by 15-3-108 authorizing tardy probate or
appointment have occurred.
THEREFORE, PREMISES CONSIDERED, the petitioner would respectfully request
that this Court issue an order informally appointing the petitioner as personal
representative of this estate with authority to resolve said estate through the process of
summary administration, as well as any other relief that the Court finds appropriate.
Under penalties of perjury, the undersigned declares that he is the petitioner
named in the foregoing petition and knows the contents thereof; that the pleading is true
of his own knowledge, except as to those matters stated on information and belief, and
that as to such matters he believes it to be true.
This the ______ day of __________________, 20______.
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Petitioner
Type or Print Name
STATE OF IDAHO
COUNTY OF __________________On this ______ day of __________________, in the year of ____________,
before me, ______________________________, a Notary Public, personally appeared
______________________________, known or identified to me (or proved to me on the
oath of ______________________________), to be the person whose name is subscribed
to the within instrument, and acknowledged to me that he/she/they executed the same.
(Seal)
Notary Public
Type or Print Name
Commission Expires: ________________________
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IN THE __________________ COURT OF ____________, COUNTY, IDAHO
In the Matter of the Estate of Case. No ______________
Deceased
NOTICE OF HEARING ON PETITION FOR INFORMAL APPOINTMENT AS ADMINISTRATOR
PLEAE TAKE NOTICE , that ______________________________, filed with the court
a Petition for Informal Appointment as Personal Representative and for Summary
Administration. A hearing on the petition has been set for the ______ day of
__________________, 20______, at the hour of ____________ ______.M. at the above-
entitled Court which is located at ____________________________________, Idaho.
DATED this ______ day of __________________, 20______.
Signature
Printed Name
Address
City, State, and Zip
Telephone Number
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IN THE __________________ COURT OF ____________, COUNTY, IDAHO
In the Matter of the Estate of Case. No ______________
Deceased
ORDER APPROVING PETITION
Upon consideration of the petition of ______________________________, this
Court finds that said Petition is well taken and it is hereby ordered that the petitioner be
informally appointed as personal representative of the estate of
______________________________, and be granted authority as a personal
representative, with all the entitlements and responsibilities inherent thereto, to resolve
this estate through the process of summary administration.
SO ORDERED THIS THE ______ DAY OF __________________, 20______.
_______________________________
Judge of the Probate Court
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IN THE __________________ COURT OF ____________, COUNTY, IDAHO
In the Matter of the Estate of Case. No ______________
Deceased
Inventory and Appraisement
COMES NOW , ______________________________ , as duly appointed administrator of
the estate of ______________________________, deceased, and pursuant to Idaho
statute, provides the following inventory and appraisement of the assets of the estate.
ASSET DESCRIPTION FAIR MARKET VALUE DEBTS OWED ON ASSET, IF ANY.
This the ______ day of __________________, 20______.
_________________________________
Signature
STATE OF IDAHO
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COUNTY OF _____________________On this ____ day of ___________-, in the year of ______, before me,
__________________, a Notary Public, personally appeared __________________,
known or identified to me (or proved to me on the oath of ________________________),
to be the person whose name is subscribed to the within instrument, and acknowledged to
me that he/she/they executed the same.
(Seal)
Notary Public
Type or Print Name
Commission Expires: _____________________________________________
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IN THE __________________ COURT OF ____________, COUNTY, IDAHO
In the Matter of the Estate of Case. No ______________
Deceased Closing Statement
1. I, ______________________________, am the Personal Representative of this
Estate. I hereby file this verified statement for the purpose of closing this estate pursuant
to Idaho §15-3-1204.
2. To the best knowledge of the personal representative, the value of the entire
estate, less liens and encumbrances, does not exceed homestead allowance, exempt
property, costs and expenses of administration, reasonable funeral expenses, and
reasonable, necessary medical and hospital expenses of the last illness of the decedent;
3. The personal representative has fully administered the estate by disbursing and
distributing it to the persons entitled to it; and
4. The personal representative has sent a copy of the closing statement to all
distributees of the estate and to all creditors or other claimants of whom the personal
representative is aware whose claims are neither paid nor barred and has furnished a full
account in writing of the administration to the distributees whose interests are affected.
5. I have furnished a full account in writing of the administration of this estate to the
distributees whose interests are affected. I have read the foregoing Statement and know of my own knowledge that the
facts stated therein are true and correct.
This the ______ day of __________________, 20______.
___________________________________Signature
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I, ______________________________, say on oath or affirm that I have read the
foregoing (or attached) document and believe all statements made in the document are
true.
Signature
Type or Print Name
Subscribed and sworn to or affirmed before me at ______________________________
on ________________________ (date).
Signature
Title of Officer
Type or Print Name
STATE OF IDAHO
COUNTY OF _____________________On this ____ day of ___________-, in the year of ______, before me,
__________________, a Notary Public, personally appeared __________________,
known or identified to me (or proved to me on the oath of ________________________),
to be the person whose name is subscribed to the within instrument, and acknowledged to
me that he/she/they executed the same.
(Seal)
Notary Public
Type or Print Name
Commission Expires: _____________________________________________
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SELECTED IDAHO STATUTES
15-1-401. NOTICE -- METHOD AND TIME OF GIVING. (a) If notice of a hearing
on any petition is required and except for specific notice requirements as otherwise
provided, the petitioner shall cause notice of the time and place of hearing of any petition
to be given to any interested person or his attorney if he has appeared by attorney or
requested that notice be sent to his attorney. Notice shall be given:
(1) by mailing a copy thereof at least fourteen (14) days before the time set for the
hearing by certified, registered or ordinary first class mail addressed to the person being
notified at the post office address given in his demand for notice, if any, or at his office or
place of residence, if known;
(2) by delivering a copy thereof to the person being notified personally at least fourteen
(14) days before the time set for the hearing; or
(3) if the address, or identity of any person is not known and cannot be ascertained with
reasonable diligence, by publishing at least once a week for three (3) consecutive weeks,
a copy thereof in a newspaper having general circulation in the county where the hearing
is to be held, the last publication of which is to be at least ten (10) days before the time
set for the hearing.
(b) The court for good cause shown may provide for a different method or time of
giving notice for any hearing.
(c) Proof of the giving of notice shall be made by affidavit or in any other manner
permitted by the court at or before the hearing and filed in the proceeding.
15-3-301. INFORMAL PROBATE OR APPOINTMENT PROCEEDINGS --
APPLICATION -- CONTENTS. Applications for informal probate, informal statement
of intestacy where the estate is community and there is a surviving spouse, or informal
appointment shall be directed to the registrar, and verified by the applicant to be accurate
and complete to the best of his knowledge and belief as to the following information:
(a) Every application for informal probate of a will, informal statement of intestacy
where the estate is community and there is a surviving spouse, or for informal
appointment of a personal representative, other than a special, ancillary or successor
representative, shall contain the following:
(1) A statement of the interest of the applicant;
(2) The name, and date of death of the decedent, his age, and the county and state of his
domicile at the time of death, and the names and addresses of the spouse, children, heirs
and devisees and the ages of any who are minors so far as known or ascertainable with
reasonable diligence by the applicant;
(3) If the decedent was not domiciled in the state at the time of his death, a statement
showing venue;
(4) A statement identifying and indicating the address of any personal representative of
the decedent appointed in this state or elsewhere whose appointment has not been
terminated;
(5) A statement indicating whether the applicant has received a demand for notice, or is
aware of any demand for notice of any probate or appointment proceeding concerning the
decedent that may have been filed in this state or elsewhere;
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(6) If the application is for an informal statement of intestacy of a community estate
where there is a surviving spouse, an affidavit of the surviving spouse or someone acting
on behalf of the surviving spouse that there is no will, that the decedent's estate consists
solely of community property of the decedent and surviving spouse, that he or she is the
surviving spouse, and a request for a statement that there is no will, that all assets are
community and that the surviving spouse is the sole heir;
(7) That the time limit for informal probate or appointment as provided in this article has
not expired either because three (3) years or less have passed since the decedent's death,
or, if more than three (3) years from death have passed, that circumstances as described
by section 15-3-108 of this code authorizing tardy probate appointment have occurred.
(b) An application for informal probate of a will shall state the following in addition to
the statements required by subsection (a) of this section:
(1) That the original of the decedent's last will is in the possession of the court, or
accompanies the application, or that a certified copy of a will probated in another
jurisdiction accompanies the application;
(2) That the applicant, to the best of his knowledge, believes the will to have been
validly executed;
(3) That after the exercise of reasonable diligence, the applicant is unaware of any
instrument revoking the will, and that the applicant believes that the instrument which is
the subject of the application is the decedent's last will.
(c) An application for informal appointment of a personal representative to administer
an estate under a will shall describe the will by date of execution and state the time and
place of probate or the pending application or petition for probate. The application for
appointment shall adopt the statements in the application or petition for probate and state
the name, address and priority for appointment of the person whose appointment is
sought.
(d) An application for informal appointment of an administrator in intestacy shall state
in addition to the statements required by subsection (a) of this section:
(1) That after the exercise of reasonable diligence, the applicant is unaware of any
unrevoked testamentary instrument relating to property having a situs in this state under
section 15-1-301 of this code, or, a statement why any such instrument of which he may
be aware is not being probated;
(2) The priority of the person whose appointment is sought and the names of any other
persons having a prior or equal right to the appointment under section 15-3-203 of this
code. (e) An application for appointment of a personal representative to succeed a
personal representative appointed under a different testacy status shall refer to the order
in the most recent testacy proceeding, state the name and address of the person whose
appointment is sought and of the person whose appointment will be terminated if the
application is granted, and describe the priority of the applicant.
(f) An application for appointment of a personal representative to succeed a personal
representative who has tendered a resignation as provided in subsection (c) of section 15-
3-610 of this code, or whose appointment has been terminated by death or removal, shall
adopt the statements in the application or petition which led to the appointment of
the person being succeeded except as specifically changed or corrected, state the name
and address of the person who seeks appointment as successor, and describe the priority
of the applicant.
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(g) By verifying an application for informal probate, or informal appointment, the
applicant submits personally to the jurisdiction of the court in any proceeding for relief
from fraud relating to the application, or for perjury, that may be instituted against him.
(h) Any statement entered upon an application for informal statement of intestacy where
the estate is community and there is a surviving spouse shall contain a statement of
heirship setting out the heirs of the decedent and shall have the same effect as entry of a
statement of informal probate of a will and be subject to the limitation periods set out in
section 15-3-108, Idaho Code, notwithstanding the exception provided in that
section for determining heirs of an intestate.
15-3-306. INFORMAL PROBATE -- NOTICE REQUIREMENTS. The moving party
must give notice as described by section 15-1-401 of this code of his application for
informal probate (1) to any person demanding it pursuant to section 15-3-204 of this
code; and (2) to any personal representative of the decedent whose appointment has not
been terminated. No other notice of informal probate is required.
15-3-310. INFORMAL APPOINTMENT PROCEEDINGS -- NOTICE
REQUIREMENTS. The moving party must give notice as described by section 15-1-401
of this code of his intention to seek an appointment informally: (1) to any person
demanding it pursuant to section 15-3-204 of this code; and (2) to any person having a
prior or equal right to appointment not waived in writing and filed with the court. No
other notice of an informal appointment proceeding is required.
15-3-706. DUTY OF PERSONAL REPRESENTATIVE -- INVENTORY AND
APPRAISEMENT.
Within three (3) months after his appointment, a personal representative, who is not a
special administrator or a successor to another representative who has previously
discharged this duty, shall prepare and file or mail an inventory of property owned by the
decedent at the time of his death, listing it with reasonable detail, and indicating as to
each listed item, its fair market value as of the date of the decedent's death, and the type
and amount of any encumbrance that may exist with reference to any item. The personal
representative shall send a copy of the inventory to heirs, devisees, the state tax
commission and to interested persons who request it, or he may file the original of the
inventory with the court.
15-3-801. NOTICE TO CREDITORS. (a) Unless notice has already been given under
this section, a personal representative upon his appointment may publish a notice to
creditors once a week for three (3) successive weeks in a newspaper of general
circulation in the county announcing his appointment and address and notifying creditors
of the estate to present their claims within four (4) months after the date of the first
publication of the notice or be forever barred.
(b) A personal representative may give written notice by mail or other delivery to any
creditor, notifying the creditor to present his claim within four (4) months after the
published notice if given as provided in subsection
(a) of this section or within sixty (60) days after the mailing or delivery of the notice,
whichever is later, or be forever barred. Written notice must be the notice described in
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subsection (a) of this section or a similar notice. (c) The personal representative is not
liable to any creditor or to any successor of the decedent for giving or failing to give
notice under this section.
(d) If medical assistance was paid on behalf of the decedent when the decedent was
fifty-five (55) years of age or older, the personal representative shall provide written
notice as required by section 56-218(5), Idaho Code.
15-3-1003. CLOSING ESTATES -- BY SWORN STATEMENT OF PERSONAL
REPRESENTATIVE. (a) Unless prohibited by order of the court and except for
estates being administered in supervised administration proceedings, a personal
representative may close an estate by filing with the court no earlier than six (6) months
after the date of original appointment of a general personal representative for the estate, a
verified statement stating that he, or a previous personal representative whom he has
succeeded, has or have:
(1) determined that the time limitation for presentation of creditors'
claims has expired;
(2) fully administered the estate of the decedent by making payment, settlement or
other disposition of all claims that were presented, expenses of administration and estate,
inheritance and other death taxes, except as specified in the statement, and that the assets
of the estate have been distributed to the persons entitled. If any claims remain
undischarged, the statement must state whether the personal representative has distributed
the estate subject to possible liability with the agreement of the distributees or state in
detail other arrangements that have been made to accommodate outstanding liabilities;
and
(3) sent a copy thereof to all distributees of the estate and to all creditors or other
claimants of whom he is aware whose claims are neither paid nor barred and has
furnished a full account in writing of his administration to the distributees whose interests
are affected thereby.
(b) If no proceedings involving the personal representative are pending in the court one
(1) year after the closing statement is filed, the appointment of the personal representative
terminates.
15-3-1203. SMALL ESTATES -- SUMMARY ADMINISTRATIVE PROCEDURE. If
it
appears from the inventory and appraisal that the value of the entire estate, less liens and
encumbrances, does not exceed homestead allowance, exempt property, costs and
expenses of administration, reasonable funeral expenses, and reasonable and necessary
medical and hospital expenses of the last illness of the decedent, the personal
representative, without giving notice to creditors, may immediately
disburse and distribute the estate to the persons entitled thereto and file a closing
statement as provided in section 15-3-1204 of this Part.
15-3-1204. SMALL ESTATES -- CLOSING BY SWORN STATEMENT OF
PERSONAL
REPRESENTATIVE. (a) Unless prohibited by order of the court and except for estates
being administered by supervised personal representatives, a personal representative may
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close an estate administered under the summary procedures of section 15-3-1203 of this
Part by filing with the court, at any time after disbursement and distribution of the estate,
a verified statement that:
(1) to the best knowledge of the personal representative, the value of the entire estate,
less liens and encumbrances, did not exceed homestead allowance, exempt property,
costs and expenses of administration, reasonable funeral expenses, and reasonable,
necessary medical and hospital expenses of the last illness of the decedent;
(2) the personal representative has fully administered the estate by disbursing and
distributing it to the persons entitled thereto; and (3) the personal representative has sent
a copy of the closing statement to all distributees of the estate and to all creditors or
other claimants of whom he is aware whose claims are neither paid nor barred and has
furnished a full account in writing of his administration to the distributees whose interests
are affected.
(b) If no actions or proceedings involving the personal representative are pending in the
court one (1) year after the closing statement is filed, the appointment of the personal
representative terminates.
(c) A closing statement filed under this section has the same effect as one filed under
section 15-3-1003 of this code.
15-3-1205. SUMMARY ADMINISTRATION OF ESTATES IN WHICH A
SURVIVING SPOUSEIS THE SOLE BENEFICIARY. (a) Upon the testate or intestate
death of a person leaving a surviving spouse as the sole devisee or beneficiary, the
surviving spouse (or any person claiming title to any property through or under such
surviving spouse) may file a verified petition setting out marriage and the death of a
person leaving a surviving spouse as the sole devisee or heir. If the decedent died testate,
the petition must be accompanied by the original of the last will and testament of the
decedent. Notice of hearing shall be given pursuant to the provisions of section 15-1-401,
Idaho Code.
(b) If it shall appear at such hearing that the decedent and the person claimed to be the
surviving spouse were duly married and that the surviving spouse is the sole heir or
devisee, a decree shall be made to that effect. This decree shall thereafter have the same
effect as a formal decree approving or determining distribution.
(c) In the event that the surviving spouse (or person claiming through or under the
surviving spouse) shall elect to proceed under this section, the surviving spouse shall
assume and be liable for any and all indebtedness that might be a claim against the estate
of the decedent and there will be no administration of the estate of the decedent.
