older will - non-probated benificiary estate

What is the name of your state (only U.S. law)? Idaho

Grandmother died early June 2010

Small estate under 100,000; real estate, bank account(s) possible life insurance and bonds

Holographic will dated 1995 names son and daughter equally to receive all assets. Will states that Real Estate to be sold and proceeds shared.

No Executor named.

Son and daughter both deceased.

Four grandchildren; Two by son and two by daughter

Son's estate settled

No probate on daughter's estate, died almost 5 years ago in July 2005
Collection agency Judgment February 2004 of +/-6000 against daughter (Idaho CV-OC-2003-xxxxx) is only known lien against her estate.


Are daughter's children now entitled to share half of all proceeds, 1/4 each? Or must daughter's estate pass through some sort of belated probate.

Is that lien "relevant"?


Thank youWhat is the name of your state (only U.S. law)?

Assuming that the will did not provide for some alternative distribution in the event that one or both beneficiaries predeceased, Idaho's anti-lapse statute states:

15-2-605. ANTI-LAPSE -- DECEASED DEVISEE -- CLASS GIFTS.
If a devisee who is a grandparent or a lineal descendant of a grandparent of the testator is dead at the time of execution of the will, fails to survive the testator, or is treated as if he predeceased the testator, the issue of the deceased devisee who survive the testator by one hundred twenty (120) hours take in place of the deceased devisee and if they are all of the same degree of kinship to the devisee they take equally, but if of unequal degree then those of more remote degree take by representation. One who would have been a devisee under a class gift if he had survived the testator is treated as a devisee for purposes of this section whether his death occurred before or after the execution of the will.

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In other words, the grandkids inherit directly from grandmother's estate, not by way of their deceased parents' estates.

Thank you so much for the information and also for the reference so I can rest easy on that question.

I have so many other questions but I want to be able to ask them clearly and not waste anyone's time.