No Time Limit for Certain Probates

Under Idaho Code § 15-3-108, a probate and/or appointment of a personal representative must be initiated within 3 years of the decedent’s death. Senate Bill 1249, effective July 1, 2014, clarifies that (1) the collection of personal property by affidavit and summary administration for small estates under Idaho Code §15-3-1201, and (2) those estates that pass to the surviving spouse pursuant to Idaho Code §15-3-1205, are not subject to the 3 year time limit.​

 

 

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