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Boise Idaho Business Guide: Probate

Probate does happen automatically. Someone must petition the court for probate preceding to begin.

When probable begins, the court takes control of your estate, supervises payment of your debts and distribution of your Idaho assets, investments, businesses etc.

The court will require that a notice of your death appears in local Idaho newspapers, giving your creditors and anyone else who feels that they have a right to part or all of your estate to step forward and make their claim.

You should rethink the posting of that nicely written obituary about your loved one before offering this “stake your claim notice to the entire town”.

At the official hearing, the judge will make sure your will is valid, that it is the correct one, that you were competent when you signed it and that is properly signed and witnessed. Otherwise the judge will declare that you died without a will.  The judge will then appoint an executor and open a file on your state.

  • At this point if you haven’t named your own attorney, your family or executor can usually choose one.

A second notice will be given for a final hearing to settle your estate. At this hearing the judge will review the paperwork and order your debts paid and all probate expenses. If there is not enough cash in your estate to pay these things, the judge will order some of your Idaho assets sold. Your remaining assets will then be distributed accordingly.

If there are any disputes, the judge will make the final decisions, holding additional hearing if needed.


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