If the person did not have a will, the laws of intestate succession set out who will inherit. If there is a valid will, the estate still must be probated, but it is distributed according to the will. Probate also arranges for payment of all debts and taxes.
Probate is the legal process for reviewing the assets of a deceased person and determining inheritors. Probate proceedings typically focus on the existence, authenticity, and validity of a will. Probate can be initiated with or without a will.
In California, you can make a living trust to avoid probate for virtually any asset you own - real estate, bank accounts, vehicles, and so on.
If you have descendants, such as children, grandchildren, or great grandchildren, but no surviving spouse, they will inherit all of your intestate property. If you have descendants and a surviving spouse, the surviving spouse will inherit all of your community property and half of your separate property.
Writing a will and naming beneficiaries are best practices that give you control over your estate. If you don't have a will, however, it's essential to understand what happens to your estate. Generally, the decedent's next of kin, or closest family member related by blood, is first in line to inherit property.
The Deadlines for a Regular Probate
According to Idaho's applicable statutes, (I.C. § 15-3-108) a regular probate must be completed within 3 years of a person's death. Again, this is regardless of whether the person who died had a written last will and testament or not.
First and foremost, there are a number of asset types that typically do not pass through probate. This includes life insurance policies, bank accounts, and investment or retirement accounts that require you to name a beneficiary.
Establish a living trust: This is a common way for people with high-value estates to avoid probate. With a living trust, the person writing the trust decides which assets to put into the trust and who will act as trustee.
One option is to leave your house to someone in your will. A will names the beneficiary for each item of property and transfers ownership after the probate process. A will can be easy to prepare.
Technically, no, you do not have to file probate when someone passes away. There are no laws that require an Executor or Administrator of an estate to file probate documents with the court.
Yes, that is fraud. Someone should file a probate case on the deceased person.
The problem is, most people don't know that there is a three-year time limit for probating a person's last will and testament after they die. Under Idaho law, if a probate is not commenced within 3 years of a person's death, the last will and testament of that person is no longer valid and can no longer be probated.
The cost of a regular probate typically runs between $4,000 to $4,500 assuming there are no lengthy disputes that require additional court proceedings. For more than 70 years, we have helped numerous clients through the probate process and proceedings listed above.
You can find out at the county clerk's office where the executor filed the paperwork. Once you know where the probate is, search that county's . gov website for the deceased person's name. You can also get access to information related to the Will if it has gone through the probate process and become public record.
Joint ownership
Having a joint bank account with one or more parties (for example, a parent having a joint account with an adult child or children) allows the funds to go directly to the remaining owner(s) without going through probate.
Personal possessions should not be distributed before probate is completed, as they are part of the estate that must be inventoried and appraised. Distributing items prematurely could lead to legal disputes, especially if they are intended for specific beneficiaries.
Personal property that may not come with deeds, titles, or other paperwork, like home electronics, artwork, clothing, and memorabilia are also considered to be assets in your name only, so they will also have to go through probate.
If the decedent had no will, then probate may be required to determine the proper beneficiaries and to appoint a personal representative to handle the estate. This process would determine the appropriate beneficiaries according to the laws of intestacy in the State of Idaho.
If they used a Will, then it is the executor who should be notifying you, generally within a few months of the death. If they used a Trust, then it is the trustee who should be notifying you. The timeline is much shorter. California laws, for example, require that beneficiaries are notified within 60 days of the death.
Executor Fees in Idaho
For example, if in the last year, executor fees were typically 1.5%, then 1.5% would be considered reasonable and 3% may be unreasonable. But the court can take into account other factors such as how complicated the estate is to administer and may increase or decrease the amount from there.
This means that if an estate owner dies intestate (without a Will or Trust), his or her heirs would be entitled to any property and assets in the estate. As we noted, succession order is dictated by state law, but in most cases it follows spouse - children - descendants - close relatives.