Probate lawyers Boise | attorney can help you go through the probate process which is the legal process by which a court oversees the estate of a person who has died. A probate attorney can help insure the proper steps are taken to make certain the debts and obligations of the decedent are paid and the estate is distributed to the proper heirs.
Some people share the misconception that probate is avoided if you have a Will. While others believe that probate does not apply to people who die without a Will. Neither belief is correct. Boise probate attorneys | lawyers are happy to review the options with you at no charge to you.
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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 Idaho law of intestacy. While it is not true, as some people believe, that the state automatically gets the property if there is no Will, a good Boise probate lawyer can make sure the estate assets are properly distributed.
What Are the Usual Steps to Probate an Estate in Boise?
A Will normally designates the person who the deceased has chosen to be the personal representative or executor (the terms are often used interchangeably) of the estate. The personal representative is the person who manages and administers the estate. They usually do so with the help or assistance from a Boise probate attorney.
If a person dies without a Will, the court will select a personal representative for the deceased. The law of intestacy sets forth which individuals have priority to be appointed. Individuals most closely related to the deceased person, usually have the highest priority. A family member, such as a spouse or an adult child, can request that the court appoints him or her as the personal representative of the estate.
The personal representative begins the probate process by filing paperwork requesting the Court appoint a personal representative. 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). These documents are typically prepared by a Boise probate lawyer. The personal representative must agree to the appointment. Personal representatives are entitled to be paid for their services but often refuse or forgo payment if they are family members.
If you have a Will, the court issues an order admitting the Will to probate. This is an acknowledgment of the Will's validity unless there is a contest to the Will. If a will is contested, then the court will schedule a hearing to determine the validity of the contest or objection.
Some Wills require the personal representative to “post a bond,” to help insure that the executor or personal representative 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 in Boise, Idaho. This gives an heir or devisee the chance to object if they want. The personal representative may also decide to publish a notice to creditors in a local newspaper with circulation in Ada or Canyon County. 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.
Inventorying Property of the Estate.
The personal representative, with assistance from a Boise attorney, should prepare an inventory of the property of the estate which includes both real estate and personal property. Once inventoried, a value can be placed on the various assets of the estate. The personal representative needs to make certain there is enough property value to pay all of the debts before they start making distributions to heirs or devisees.
If there is not enough to cover all the debts, one or more beneficiaries may receive less than the deceased intended or even nothing at all after the debts have been paid off. Distribution of property is one area that can result in liability to a personal representative if not done properly. Therefore, they are advised to work closely with a probate lawyer.
During the inventory, if property is found missing or is no longer owned by the deceased, sometimes replacement assets or the cash equivalent can be used to replace the missing property. Sometimes a Will simply provides for the sale of all assets and then a division of the proceeds among the beneficiaries. These are issues which Boise Probate attorneys can help you with.
Paying Bills, Taxes, and Distributing the Estate.
The payments of bills of the estate are typically made in the following order:
1. Estate administration costs (legal advertising, appraisal fees, personal representative fees, attorney fees, etc.);
2. Family allowances (For support of family members);
3. Funeral Expenses;
4. Taxes and other debts (medical bills, etc.);
5. All remaining claims; and
6. Whatever is left after creditors get their money is distributed to the beneficiaries named in the Will. If there is no Will, the intestacy laws in Idaho set out how and to whom the remaining property is distributed.
If probate progresses according to plan and all notices and communications are properly handled, the personal representative is usually protected against any subsequent claims. However, it is wise for the personal representative to work closely with a Boise probate attorney through this process.
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 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.
Boise Probate Attorneys | Lawyers Conclusion
There are different probate procedures available in Idaho depending on the circumstances of each case. For example, there is a fairly simple procedure if the only heir is a surviving spouse and the estate is not very large. There are also informal and formal probate procedures. Sometimes probate may not be necessary at all. Boise Probate Attorneys | Lawyers can help you decide which procedure is best for your circumstances and guide you through the process.
To Contact Boise Probate Attorneys | Lawyers in Idaho
Call (208) 322-8865
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