Whether or not a particular situation must go through the probate process is determined by state law. The Idaho Code generally requires probate any time the person who died either (1) has assets with a value in excess of $100,000 or (2) owned any real estate, regardless of value. So, only the estates of persons who did not own any real estate and who had total assets worth less than $100,000, are not required to go through probate.

Having said that, it should be noted that even when probate is not technically required, it is sometimes a good idea, particularly when there are disputes between the heirs or when there are potentially large creditor claims.

Daniel Patchin

Benjamin Monaghan