What is Probate?

by | Jun 25, 2019 | Uncategorized | 0 comments

Just what is probate?  In a nutshell, it’s the legal process in Idaho to ensure that the correct persons inherit your property and possessions.

It starts with your Executor filing an application with the local probate court.  Your Executor is the person named as such in your Last Will and Testament.  Or, if you don’t have a Will, it’s the person entitled to serve under Idaho’s statutes.

Once the application has been approved and the Executor is appointed, he or she will:

  • Round up your property, possessions, and account
  • Publish a Notice to Creditors in the newspaper and pay any legitimate bills
  • Disburse any items that you’ve designated for a specific individual
  • Divide and disburse the remaining property among those entitled to inherit your estate

The probate judge can referee or decide any disputes along the way.  But if there are no disputes, the matter will usually move forward without active involvement by the judge.

Typical time frame for completion is about six months. 


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Daniel Patchin

Benjamin Monaghan, Attorney

Benjamin Monaghan