Reasons for Probate

We fully understand how disconcerting the loss of a loved one can be. Here at Peters Patchin & Monaghan, we strive to help steer your ship through these uncharted waters. With our extensive experience handling probate matters, we look for the most efficient and affordable option available. And our partners, Daniel Patchin and Ben Monaghan, are committed to answering all of your questions along the way as you work through these confusing times.

Probate here in Idaho is the process that ensures that (1) the correct persons inherit the property of a person who has passed away and that (2) the correct person is authorized to serve as the Executor or Personal Representative.

At the outset, the process involves a legal proceeding to determine whether the person who died left a Last Will and Testament. And if multiple Wills are located, the court will determine which one was truly the final Last Will and Testament.

If no Will is found, then the court will determine that the person passed away without a Will.

In either case, the court will also determine who is legally entitled to inherit the deceased person’s property and possessions and who is entitled to serve as the Executor of the estate.

Until a court has made these determinations, the questions of who is entitled to inherit the property and who has the responsibility of making sure that everything goes to the correct heir may be open to debate. This is why things tend to grind to a halt when a person passes away until someone (typically a surviving spouse or child) goes to the court to initiate the probate process.

And as much as we all might wish for the process to be easier, these steps are crucial to ensure that the property is inherited by the persons who are legally entitled to do so under the Will or under Idaho’s statutes. Otherwise, these situations tend to break down into a tug-of-war between various family members and friends. The probate process enables the local probate court to mediate conflicting claims and hopefully avoid unnecessary injury to the relationships between the loved ones left behind.

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