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Idaho Probate Attorneys | Lawyers

Mr. Montgomery, was very responsive whenever we contacted him, his service was excellent and very timely, and his rates were very reasonable. Would not hesitate one nanosecond to refer him to my friends and family.  LARRY SMITH


After my father passed away unexpectedly my mother needed to file “Representative of Estate” probate papers to deal with all of the legal matters my father’s death brought on. We checked out three attorneys, the prices quoted were $3500, $1800, and $1295. Bob was extremely helpful and the lowest price. Bob, personally delivered the paperwork to my mother's house the day we contacted him. Our situation required that the judge signed the papers as soon as possible. Bob contacted the clerk and found a way to expedite the papers and they were signed by the judge the day after they were filed, which is unheard of. We received unbelievable service from a complete stranger who charged a fraction of the price that the others attorney’s quoted us. Thank you Bob for all of your help.   BEATRICE LUCIA 



Bob Montgomery took care of probate after my husband died and went out of his way to help me when he didn't have to.  He made the situation painless and easy.  I can't thank him enough for his help.  I recommend him and his service highly.           

BRENDA LALONDE



I chose Bob Montgomery to represent me following the death of my husband. I had contacted several lawyers in Idaho to get quotes to finalize the will. Bob contacted me immediately by phone as soon as he received my e-mail and we agreed that he would represent me. Not only was his firm the best price, he was prompt and compassionate, the probate of the will was complete within 4 weeks. A few questions came up after that time and I was able to contact Bob for advice and each time I had a question he got back to me almost immediately. Even though I live in Canada and the estate was in Idaho, everything went smoothly. I would highly recommend Bob Montgomery!  JACQUELINE CLAIR 

Idaho Probate Attorneys | Lawyers

Five Star Client Reviews

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Probate​​​​​​​ in Idaho by an Idaho probate lawyer | attorney is the legal procedure by which a court oversees the estate of a deceased person to make sure the debts and obligations are paid and the estate is distributed to the proper heirs.  

Some people believe probate is avoided if you have a Will and others believe the probate process does not apply to people who die without a Will.  Neither belief is 
correct.


If a person passes away in Idaho with a Will, probate helps assure that the wishes of the deceased person are complied with.  If a person passes away in Idaho without a Will, then the passing of property will be determined by the Idaho state laws on intestacy found in Idaho Code 15-2-101 through 114.   ​​​​​​​​​​​​​​​​​​​​​


Another misconception is that the state automatically gets the property if there is no Will.


What Are the Usual Steps to Probate An Estate in Idaho

A Will normally nominates 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. If you die without a Will,

the court may select a personal representative for you. 

Related people usually have priority and a family member,

such as your spouse or an adult child can request that

the court appoints him or her as the personal

representative of the estate.


The personal representative or an Idaho probate attorney

he/she has hired begins the probate process by filing a

document entitled Petition for Probate of Will and Appointment of Personal Representative with the probate court.  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).  The personal representative must agree to the appointment.  Personal representatives are entitled to be paid for their services but often are not if they are family members.

If there is a Will, the court issues an order admitting the Will to probate, basically acknowledging the Will’s validity unless there is a contest to the Will. Some Wills require the personal representative to “post a bond,” with a bonging company, which helps guarantee that the executor will administer the estate according to the law.  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.  This gives an heir,  beneficiary or creditor the chance to object if they want.  The personal representative may also publish a death notice in the local newspaper. 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.  

Inventory Property of the Idaho Probate Estate


One of the jobs of the personal representative is to inventory the property of the estate.  This includes 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 beneficiaries.  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.

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.


Paying Bills, Taxes, and Distributing the Idaho Probate Estate


Payments 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

laws in your state determine how and to whom the remaining

property is distributed.

If probate proceeds according to plan and all notices and communications are properly handled, the personal representative is usually protected against any subsequent claims.


How Long Does Idaho Probate 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 a couple of years to complete.  It all depends on the circumstances and the Idaho probate attorney used.


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.

There are different procedures available for a Boise

Idaho probate depending on the circumstances. It

can often save a lot of time and money, to consult

with an experienced Boise probate attorney.  They

can advise you the best procedure to take given

your individual circumstances.  ​​​​​​​


     Call an Idaho Probate Lawyer |  Attorney for a Free Consultation
        


Get More Answers:    ​​​​​​​Idaho Probate Q & A's PDF​​​​​​​ 


​​​​​​​Idaho Probate Attorneys handle probate estate legal matters throughout Idaho including Nampa​​​​​​​, Caldwell, Meridian, Boise​​​​​​​, Fruitland, Kuna, Emmett, Payette, Weiser, Canyon County,​​​​​​Ada County​​​​​​​, Owyhee County, Mountain Home, Twin Falls, Pocatello, Kootenai County, Coeur d'Alene, Sandpoint, Idaho Falls, Lewiston and all places in between.

Idaho Probate Attorneys | Lawyers

Ada County Courthouse in Boise, Idaho

Idaho Probate Attorneys | Lawyers

Idaho Estate Executor 

Idaho Probate Attorneys | Lawyers

Robert C. Montgomery
Idaho Probate Lawyer

​​​​​​​How to Probate an Estate in Idaho

By Idaho Probate Attorneys

FREE PROBATE CONSULTATION (208) 322-8865