When is Probate Required

Whether or not a particular case must go through the probate process is determined by state law. The Idaho Code generally requires probate whenever 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.

Consequently, 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. Such estates can usually take advantage of a much simpler process utilizing a Small Estate Affidavit.

Having said that, it should be noted that even when probate is not technically required, it is sometimes advisable, particularly when there are disputes between the heirs or when there are potentially large creditor claims.

With our depth 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 as to whether probate is even required. If an alternative to probate is feasible and more affordable, that will be the path we recommend. But when that is not the case and probate is unavoidable, our partners, Daniel Patchin and Ben Monaghan, will strive to streamline the process to the greatest extent possible.

If you’d 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. Or you can schedule an expedited appointment at your convenience by clicking on either of the “Schedule Now” boxes on our Home Page.