Location of Probate

A probate proceeding is usually initiated in the county where the person who passed away last resided. However, it can alternatively be initiated in any county in which the deceased person owned real estate, whether or not they actually lived there.

As long as the family (1) does not anticipate legal disputes between the heirs and(2) no unusually large creditor claims are anticipated, Peters Patchin & Monaghan can normally handle a probate proceeding anywhere within the state of Idaho.

Likewise, the fact that the Executor of an estate lives outside of Idaho is not normally an impediment either to this office handling the probate or that person serving as Executor. All of the necessary documents can usually be mailed or emailed between this office and the client. Court filings in all counties in Idaho can be done by our attorneys electronically.

All of which allows the process to flow simply, efficiently, and economically.

With our reservoir of experience, the partners at Peters Patchin & Monaghan are skilled at determining the best probate or non-probate procedure available in each circumstance. And in each case, the analysis starts with a determination of whether probate is even required. If an alternate to probate is feasible and more affordable, that will be the path that we recommend.

If that is not the case and probate is unavoidable, our partners, Daniel Patchin and Ben Monaghan, will strive to streamline the legal process to the greatest extent possible.

If you would like our help with this or any other probate questions here in Idaho, please give us a call at (208) 939-2600 to schedule your free initial consultation. Or you can schedule an expedited appointment at your convenience by clicking on either of the yellow “Schedule Now” boxes on our Home Page.