Idaho Wills, Trust, and Probate

Formulating an estate plan can be an emotional process, but it is necessary to do so in order to protect your property and your loved ones after your death. Estate plans may include a healthcare surrogate designation, advanced care directive, will, trust, and/or durable power of attorney. Regardless of your familial and monetary circumstances, you should continually revise your estate plan to take into account major life events (marriage, divorce, birth, death, retirement, etc.). An Idaho estate planning attorney can be helpful in crafting your estate plan.

Idaho Will

You must phrase your will according to Idaho legal specifications. If you fail to do so, your money and property may not be distributed in accordance with your wishes. In addition, you must make sure that you follow the requisite Idaho will formalities, such as:

1. Witnesses: Idaho requires that two witnesses observe the testator sign the will or acknowledge his signature on the will. The witnesses must then sign the will in the presence of the testator.
2. Notarization: Your Idaho will does not need to be notarized. However, if your will is notarized, the probate court will not have to contact your witnesses to have them attest to the will before it may be admitted to probate. Essentially, a self-proving will speeds up the probate process.

An Idaho wills and trusts lawyer can help you meet the requisite will formalities and wording requirements.

Changing a Will in Idaho

To alter your will, craft a new will and physically destroy your old will. Alternatively, you can amend your will by attaching an amendment (codicil) to the old will. Be sure that the resulting legal document meets Idaho's will requirements (i.e.-witnesses, signature, etc.). It is recommended that you talk to an Idaho will lawyer about any changes you make to your will.

Idaho Trust

Trusts in Idaho may provide an alternative means of distributing your property after death. Trusts are both flexible and private. They also allow you to avoid the cumbersome probate process and offer potential savings on taxes. There are numerous reasons a trust may be created, such as for education, special needs, life insurance, and/or charity. In addition, trusts can be living, revocable, or irrevocable. The variety inherent in the trust vehicle makes them the perfect method of distribution for your personal situation.Trusts can be complicated to set up, so it is advisable to contact an Idaho trust lawyer to help you.

Idaho Probate

Property in an Idaho resident's will goes through probate upon his death. But, if the property is not left to anyone or if the decedent does not leave a will, the property will be distributed according to Idaho rules of intestate succession. According to the rules of intestate succession, property of a decedent is dispensed to the people with the closest blood relationship to the decedent.

Property of the deceased that passes by intestate succession, or property with an unclear recipient in the will may create questions about who should benefit from the estate, or what amount of property that person should receive. Any person with a potential interest may ask the court to decide the proper allocation of property.

Summary Administration procedures may be available in Idaho if your estate is worth less than $100,000. These procedures will permit you to circumvent the probate process.

The following non-exhaustive relationships are relevant to determining distribution by intestate succession:

1. Spousal
2. Children (including adopted, half-blood, after-born, or those born out of wedlock)
3. Grandchildren
4. Parental
5. Sibling

• Some property does not go through probate:
• contract assets – property to be paid to a clear recipient. Contract assets may include life insurance policies, IRAs, and/or living trusts;
• non-probate assets – the trust or will names specific beneficiaries of the property. The property is then passed directly to the beneficiaries; and,
• jointly held property –property (such as bank accounts, cars, and/or shared homes) owned by both the decedent and by other parties is automatically transferred to the other parties when the decedent dies.

Talk to an Idaho probate lawyer whenever you have anxiety about the durability of your will. Your will may be challenged after its creation, so it is important to mention your probate concerns to an attorney.

Idaho Statutes

Idaho Statutes, Title 15 – Uniform Probate Code

1. Probate Code: Wills
1. Idaho Statutes, Tit. 15, Chp. 2, § § 501-513.
2. Probate Code: Intestate Succession
1. Idaho Statutes, Tit. 15, Chp. 2, § 101.
3. Probate Code: General Provisions
1. Idaho Statutes, Tit. 15, Chp. 1.
4. Probate Code: Administration of Estates
1. Idaho Statutes, Tit. 15, Chp. 3.
5. Idaho Trust Administration
1. Idaho Statutes, Tit. 15, Chp. 7.