Idaho Probate Law - Questions & Answers
Friday, June 3, 2016
Boise Probate Attorneys | Lawyers
If someone passes away having a will or ("testate"), the probate court might be asked to ascertain if the will is valid and hears any objections to the will. The court may also order that creditors are paid and furthermore supervises the process to make sure that property remaining is distributed as per the terms of the will.
If someone dies without a will or ("intestate"), the probate court names an individual to get all claims against the estate, pay creditors and then distribute all remaining property in accordance with the laws of the state. The major distinction between dying testate and dying intestate is that an intestate estate is distributed to beneficiaries in accordance with the distribution plan established by state law; a testate estate (after payment of debts, taxes and costs of administration) is distributed in accordance with the instructions supplied by the decedent in his/her will.
Sunday, May 15, 2016
Idaho Probate Attorneys | Lawyers (208) 322-8865
IDAHO PROBATE ATTORNEYS | LAWYERS - (208) 322-8865 FREE ANSWERS Call Idaho Probate Lawyers-attorneys Boise (208) 322-8865 to get FREE answers to your questions about probate in Idaho.
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You can ask about how to probate, the probate process, probate court, cost of probate, how to get a personal representative or executor appointed, estate administration, cost of probate lawyers, will disputes, or anything else.
http://www.incsource101.com/RCMLegalServices/idahoprobate.html
Idaho probate law governs decedent estates. When a Boise Idaho resident dies, his/her property may be subject to probate. Probate is the process of transferring ownership of a decedent's property to others. Probate courts appoint executors, also called personal representatives, who have the job of transferring a decedent's property to heirs. Not all estates require probate. Some estate planning tools, called will substitutes, bypass probate court. Trusts and joint tenancies are examples of will substitutes.
A personal representative in Idaho pays debts and distributes property to heirs. An executor is empowered to do everything necessary to administer an estate, including tasks such as signing property deeds, selling assets, filing tax returns and closing financial accounts.
Why You Need a Probate Attorney in Nampa Idaho is a frequent question we are asked. Idaho probate law permits informal probate proceedings. Informal probate does not require court hearings or judicial supervision. Formal proceedings are more complicated, with the court holding hearings to do things such as determine heirs' rights and confirm the validity of wills. Formal probate proceedings are common when disputes exist between interested parties.
An Idaho executor closes a probate estate by filing a sworn statement that says the executor provided notice to creditors, paid all lawful debts and distributed the decedent's property to the proper heirs. The executor must provide the sworn statement to the estate's heirs and creditors and pay any outstanding court fees before closing an estate. Estate and Trust Administration can be stressful but it doesn't have to be. Boise probate attorneys can help you with your questions and the process to get through your estate and trust administration probate. Nampa Probate lawyers-attorneys offer probate services in Boise, Caldwell, Meridian, Boise and throughout Canyon County, Ada County, Owyhee County, Payette County, Elmore County, Idaho
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Sunday, May 8, 2016
Probate Lawyer Boise (208) 322-8865
Get FREE answers to your questions about probate in Boise, Idaho by calling a Boise probate lawyer today.
You can ask any questions about boise probate such as how long does probate in Boise, Idaho take, how much does probate cost, is probate required in Idaho, what does a personal representative or executor do in a Boise probate, or any other question you want to ask a Boise probate lawyer. Telephone consultations are free so call now. (208) 322-8865 https://youtu.be/aUG8JVBhg0I
Law Offices
Robert C. Montgomery, Chtd.
2160 S. Twin Rapid
Boise, Idaho 83709
(208) 322-8865
www.incsource101.com/RCMLegalServices/idahoprobate.html
Saturday, April 30, 2016
Boise Idaho Probate Attorneys | Lawyers (208) 322-8865
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Thursday, April 28, 2016
Stepparent Adoption in Idaho
Idaho Stepparent Adoption Lawyers (208) 322-8865
http://www.incsource101.com/RCMLegalServices/idahostepparentadoptions.html
Saturday, April 2, 2016
Boise Idaho Probate Attorneys | Lawyers (208) 322-8865
BOISE IDAHO PROBATE ATTORNEYS | LAWYERS
Probate - What Is It & How Is It done?
Probate is the legal procedure by which a court oversees the estate of a deceased person to make sure the debts and obligations are paid and the estate is distributed to the proper heirs. Some people believe probate is avoided if you have a Will and others believe the probate process does not apply to people who die without a Will. Neither belief is correct. www.incsource101.com/RCMLegalServices/idahoprobate.html
If a person passes away with a Will, probate helps assure that the wishes of the deceased person are complied with. If a person passes away without a Will, then the passing of property will be determined by the state law where the person resided at the time of death. It is also not true that the state automatically gets the property if there is no Will.
~~https://youtu.be/ZrnrxH4vIy4
BOISE IDAHO PROBATE ATTORNEYS | LAWYERS
Probate - What Is It & How Is It done?
Probate is the legal procedure by which a court oversees the estate of a deceased person to make sure the debts and obligations are paid and the estate is distributed to the proper heirs. Some people believe probate is avoided if you have a Will and others believe the probate process does not apply to people who die without a Will. Neither belief is correct. www.incsource101.com/RCMLegalServices/idahoprobate.html
If a person passes away with a Will, probate helps assure that the wishes of the deceased person are complied with. If a person passes away without a Will, then the passing of property will be determined by the state law where the person resided at the time of death. It is also not true that the state automatically gets the property if there is no Will.
What Are the Usual Steps to Probate An Estate
A Will normally names the person who the deceased has chosen to be the personal representative or executor (the terms are often used interchangeably). The personal representative is the person who manages and administers the estate. If you die without a Will, the court will select a personal representative for you. Related people usually have priority and a family member, such as your spouse or an adult child can request that the court appoints him or her as the personal representative of the estate.
The personal representative or an attorney he/she has hired begins the probate process by filing a document entitled Petition for Probate of Will and Appointment of Personal Representative with the probate court. Once the personal representative is approved, the court will issue to him or her Letters of Administration or Letters Testamentary (official documentation showing authority to act on behalf of the estate). The personal representative must agree to the appointment. Personal representatives are entitled to be paid for their services but often are not if they are family members.
If you have a Will, the court issues an order admitting the Will to probate, basically acknowledging the Will's validity unless there is a contest to the Will. Some Wills require the personal representative to “post a bond” with the probate court, which guarantees that the executor Will take good care of the estate. However, most Wills waive this requirement.
Notifying Heirs, Creditors, and the Public of Death
The personal representative should notify all heirs of his/her appointment and of the probate proceedings. This gives an heir or beneficiary the chance to object if they want. The personal representative may also be required to publish a death notice in the local newspaper. This serves as a public notice of the estate's probate and enables creditors or people who think they have an interest in the estate to file a claim against it within a specified time period. This published notice makes estate part of the public record.
Inventorying Property of the Estate
One of the jobs of the personal representative is to inventory the property of the estate. This includes real estate and personal property. Paying Bills, Taxes, and Distributing the Estate
If probate proceeds according to plan and all notices and communications are properly handled, the personal representative is usually protected against any subsequent claims.
How Long Does It Take
Some probate procedures can be relatively straightforward and can be done within a matter of weeks. Others are more complicated, especially if a Will is contested and may take months or even a couple of years to complete. It all depends on the circumstances. The appointment of a personal representative can usually be done fairly quickly and then the personal representative has authority to pay bills, make distributions, etc.
You can learn more about probate and the probate process here Idaho Probate Attorneys
Idaho Probate Attorneys
Boise Idaho Probate Attorneys | Lawyers (208) 322-8865
BOISE IDAHO PROBATE ATTORNEYS | LAWYERS
Probate - What Is It & How Is It done?
Probate is the legal procedure by which a court oversees the estate of a deceased person to make sure the debts and obligations are paid and the estate is distributed to the proper heirs. Some people believe probate is avoided if you have a Will and others believe the probate process does not apply to people who die without a Will. Neither belief is correct. www.incsource101.com/RCMLegalServices/idahoprobate.html
If a person passes away with a Will, probate helps assure that the wishes of the deceased person are complied with. If a person passes away without a Will, then the passing of property will be determined by the state law where the person resided at the time of death. It is also not true that the state automatically gets the property if there is no Will.
~~https://youtu.be/ZrnrxH4vIy4
BOISE IDAHO PROBATE ATTORNEYS | LAWYERS
Probate - What Is It & How Is It done?
Probate is the legal procedure by which a court oversees the estate of a deceased person to make sure the debts and obligations are paid and the estate is distributed to the proper heirs. Some people believe probate is avoided if you have a Will and others believe the probate process does not apply to people who die without a Will. Neither belief is correct. www.incsource101.com/RCMLegalServices/idahoprobate.html
If a person passes away with a Will, probate helps assure that the wishes of the deceased person are complied with. If a person passes away without a Will, then the passing of property will be determined by the state law where the person resided at the time of death. It is also not true that the state automatically gets the property if there is no Will.
What Are the Usual Steps to Probate An Estate
A Will normally names the person who the deceased has chosen to be the personal representative or executor (the terms are often used interchangeably). The personal representative is the person who manages and administers the estate. If you die without a Will, the court will select a personal representative for you. Related people usually have priority and a family member, such as your spouse or an adult child can request that the court appoints him or her as the personal representative of the estate.
The personal representative or an attorney he/she has hired begins the probate process by filing a document entitled Petition for Probate of Will and Appointment of Personal Representative with the probate court. Once the personal representative is approved, the court will issue to him or her Letters of Administration or Letters Testamentary (official documentation showing authority to act on behalf of the estate). The personal representative must agree to the appointment. Personal representatives are entitled to be paid for their services but often are not if they are family members.
If you have a Will, the court issues an order admitting the Will to probate, basically acknowledging the Will's validity unless there is a contest to the Will. Some Wills require the personal representative to “post a bond” with the probate court, which guarantees that the executor Will take good care of the estate. However, most Wills waive this requirement.
Notifying Heirs, Creditors, and the Public of Death
The personal representative should notify all heirs of his/her appointment and of the probate proceedings. This gives an heir or beneficiary the chance to object if they want. The personal representative may also be required to publish a death notice in the local newspaper. This serves as a public notice of the estate's probate and enables creditors or people who think they have an interest in the estate to file a claim against it within a specified time period. This published notice makes estate part of the public record.
Inventorying Property of the Estate
One of the jobs of the personal representative is to inventory the property of the estate. This includes real estate and personal property. Paying Bills, Taxes, and Distributing the Estate
If probate proceeds according to plan and all notices and communications are properly handled, the personal representative is usually protected against any subsequent claims.
How Long Does It Take
Some probate procedures can be relatively straightforward and can be done within a matter of weeks. Others are more complicated, especially if a Will is contested and may take months or even a couple of years to complete. It all depends on the circumstances. The appointment of a personal representative can usually be done fairly quickly and then the personal representative has authority to pay bills, make distributions, etc.
You can learn more about probate and the probate process here Idaho Probate Attorneys
Idaho Probate Attorneys