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Probate or no probate?

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colby44

Junior Member
What is the name of your state (only U.S. law)? Idaho
I am the administrator of my fathers estate in ID. His estate is quite small and I'm not sure of what the value has to be to be exempt. His in total assets including his car are under $10K
I read that the rights to exempt property have priority over all claims against the estate so do I need to pay any more creditors or not? I've already got quite a bit of my own money into this as I live out of state so hired a company to clean out his rental house, pay back rent and utilities so they could work even before estate acct was opened. Whatever is left I share with my brother and my part to my brothers daughter, both who could really use anything they can get due to work lay off.
I guess I may have been able to do a Small Estate Affidavit but every form for those I see states:
No application or petition for the appointment of a personal representative or for summary administration has been granted in any jurisdiction, to my knowledge.
--however, I am already his personal representative so does that cancel the above out?
I also have to submit to the court a list of what assets there are. Do you know where I'd get that form online or can I write up my own?
Thank-you anyone for any help with this matter.What is the name of your state (only U.S. law)?
 


anteater

Senior Member
Have you approached the court to ask if the probate case can be closed and if you could then proceed by affidavit?

A quick look at the Idaho code indicates that you could "shortcut" the probate process through a summary administrative procedure:
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, 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, 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.
I'd ask the court clerk if there are standard inventory forms available.
 

colby44

Junior Member
15-3-1203

Thank you so much for your reply anteater. I really appreciate it.
I was wondering on statute 15-3-1203 it states:
PROBATE OF WILLS AND ADMINISTRATION.
He left no Will. Does that matter?

If I could proceed with 15-3-1203 it states: the personal representative, without giving notice to creditors, may immediately disburse and distribute the estate...etc. I am that representative so maybe I don't need to do the Small Estate Affidavit after all or do I?

How would I know if this case qualifies under these circumstances? What are family allowances mentioned in 15-3-1203?
I've already hire a company to do his taxes too. Don't I still need to do that and pay the rest of his burial expenses?

Would I still need to submit to the court a list of his assets?

The Idaho courts don't seem to want to share any information at least with my earlier experience with them when trying to get this going on my own...
 

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