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Is Probate Required Every Time Someone Dies?

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.

Client Reviews
Daniel made the entire process simple and easy to understand. He took our questions and made sure we understood all the legal aspects and responsibilities seamless. Neal V.
We want to thank Matt, he was very helpful in answering our questions and walking us through the process of setting up our Family Trust. Charlotte G.
Marcus West was so helpful in setting up our trust. We had several questions and a lot of properties to manage. He was professional & has a great personality. Pamela B.
Ben, you were very thorough in your explanations, answered all of our questions & we would be happy to put our names to referrals for you. Darrell C.
Hello, Ben. Thank you for your assistance with out trust. Your simple, concise, efficient instructions and explanations were easy to understand and follow. We were pleasantly surprised how quickly you were able to get everything set up and ready to go. Desta R.