Idaho State Statutes - Idaho Attorney Directory

Subject to additional definitions
contained in the subsequent chapters which are applicable to specific chapters
or parts, and unless the context otherwise requires, in this code:
(1) "Application" means a written request to the registrar for an order
of informal probate or appointment under part 3 of chapter 3 of this code.
(2) "Augmented estate" means the estate described in section 15-2-202,
Idaho Code.
(3) "Beneficiary," as it relates to trust beneficiaries, includes a
person who has any present or future interest, vested or contingent, and also
includes the owner of an interest by assignment or other transfer and as it
relates to a charitable trust, includes any person entitled to enforce the
trust.
(4) "Child" includes any individual entitled to take as a child under
this code by intestate succession from the parent whose relationship is
involved and excludes any person who is only a stepchild, a foster child, a
grandchild or any more remote descendant.
(5) "Claims," in respect to estates of decedents and protected persons,
includes liabilities of the decedent or protected person whether arising in
contract, in tort or otherwise, and liabilities of the estate which arise at
or after the death of the decedent or after the appointment of a conservator,
including funeral expenses and expenses of administration. The term does not
include estate or inheritance taxes, other tax obligations arising from
activities or transactions of the estate, demands or disputes regarding title
of a decedent or protected person to specific assets alleged to be included in
the estate.
(6) "Court" means the court or branch having jurisdiction in matters
relating to the affairs of decedents, minors, incapacitated and disabled
persons. This court in this state is known as the district court.
(7) "Conservator" means a person who is appointed by a court to manage
the estate of a protected person and includes limited conservators as
described by section 15-5-420, Idaho Code.
(8) "Determination of heirship of community property" shall mean that
determination required by the provisions of section 15-3-303, Idaho Code, upon
an application for informal probate not accompanied by presentation of a will.
(9) "Determination of heirship" shall mean that determination of heirship
required by section 15-3-409, Idaho Code, upon a finding of intestacy.
(10) "Devise," when used as a noun, means a testamentary disposition of
real or personal property and when used as a verb, means to dispose of real or
personal property by will.
(11) "Devisee" means any person designated in a will to receive a devise.
In the case of a devise to an existing trust or trustee, or to a trustee or
trust described by will, the trust or trustee is the devisee and the
beneficiaries are not devisees.
(12) "Disability," with respect to an individual, means any mental or
physical impairment which substantially limits one (1) or more major life
activities of the individual including, but not limited to, self-care, manual
tasks, walking, seeing, hearing, speaking, learning, or working, or a record
of such an impairment, or being regarded as having such an impairment.
Disability shall not include transvestism, transsexualism, pedophilia,
exhibitionism, voyeurism, other sexual behavior disorders, or substance use
disorders, compulsive gambling, kleptomania, or pyromania. Sexual preference
or orientation is not considered an impairment or disability. Whether an
impairment substantially limits a major life activity shall be determined
without consideration of the affect of corrective or mitigating measures used
to reduce the effects of the impairment.
(13) "Distributee" means any person who has received property of a
decedent from his personal representative other than as a creditor or
purchaser. A testamentary trustee is a distributee only to the extent of
distributed assets or increment thereto remaining in his hands. A beneficiary
of a testamentary trust to whom the trustee has distributed property received
from a personal representative is a distributee of the personal
representative. For the purpose of this provision "testamentary trustee"
includes a trustee to whom assets are transferred by will, to the extent of
the devised assets.
(14) "Emancipated minor" shall mean any male or female who has been
married.
(15) "Estate" means all property of the decedent, including community
property of the surviving spouse subject to administration, property of
trusts, and property of any other person whose affairs are subject to this
code as it exists from time to time during administration.
(16) "Exempt property" means that property of a decedent's estate which is
described in section 15-2-403, Idaho Code.
(17) "Fiduciary" includes personal representative, guardian, conservator
and trustee.
(18) "Foreign personal representative" means a personal representative of
another jurisdiction.
(19) "Formal proceedings" means those conducted before a judge with notice
to interested persons.
(20) "Guardian" means a person who has qualified as a guardian of a minor
or incapacitated person pursuant to testamentary or court appointment and
includes limited guardians as described by section 15-5-304, Idaho Code, but
excludes one who is merely a guardian ad litem.
(21) "Heirs" means those persons, including the surviving spouse, who are
entitled under the statutes of intestate succession to the property of a
decedent.
(22) "Incapacitated person" is as defined in section 15-5-101, Idaho Code.
(23) "Informal proceedings" means those conducted without notice to
interested persons by an officer of the court acting as a registrar for
probate of a will or appointment of a personal representative.
(24) "Interested person" includes heirs, devisees, children, spouses,
creditors, beneficiaries and any others having a property right in or claim
against a trust estate or the estate of a decedent, ward or protected person
which may be affected by the proceeding. It also includes persons having
priority for appointment as personal representative, and other fiduciaries
representing interested persons. The meaning as it relates to particular
persons may vary from time to time and must be determined according to the
particular purposes of, and matter involved in, any proceeding.
(25) "Issue" of a person means all his lineal descendants of all
generations, with the relationship of parent and child at each generation
being determined by the definitions of child and parent contained in this
code.
(26) "Lease" includes an oil, gas, or other mineral lease.
(27) "Letters" includes letters testamentary, letters of guardianship,
letters of administration, and letters of conservatorship.
(28) "Minor" means a male under eighteen (18) years of age or a female
under eighteen (18) years of age.
(29) "Mortgage" means any conveyance, agreement or arrangement in which
property is used as security.
(30) "Nonresident decedent" means a decedent who was domiciled in another
jurisdiction at the time of his death.
(31) "Organization" includes a corporation, government or governmental
subdivision or agency, business trust, estate, trust, partnership or
association, two (2) or more persons having a joint or common interest, or any
other legal entity.
(32) "Parent" includes any person entitled to take, or who would be
entitled to take if the child died without a will, as a parent under this code
by intestate succession from the child whose relationship is in question and
excludes any person who is only a stepparent, foster parent, or grandparent.
(33) "Person" means an individual, a corporation, business trust, estate,
trust, partnership, limited liability company, association, joint venture,
public corporation, government, governmental subdivision, agency, or
instrumentality, or any other legal or commercial entity.
(34) "Personal representative" includes executor, administrator, successor
personal representative, special administrator, and persons who perform
substantially the same function under the law governing their status. "General
personal representative" excludes special administrator.
(35) "Petition" means a written request to the court for an order after
notice.
(36) "Proceeding" includes action at law and suit in equity.
(37) "Property" includes both real and personal property or any interest
therein and means anything that may be the subject of ownership.
(38) "Protected person" is as defined in section 15-5-101, Idaho Code.
(39) "Protective proceeding" is as defined in section 15-5-101, Idaho
Code.
(40) "Quasi-community property" is the property defined by section
15-2-201, Idaho Code.
(41) "Registrar" refers to magistrates or judges of the district court who
shall perform the functions of registrar as provided in section 15-1-307,
Idaho Code.
(42) "Security" includes any note, stock, treasury stock, bond, debenture,
evidence of indebtedness, certificate of interest or participation in an oil,
gas or mining title or lease or in payments out of production under such a
title or lease, collateral trust certificate, transferable share, voting trust
certificate or, in general, any interest or instrument commonly known as a
security, or any certificate of interest or participation, any temporary or
interim certificate, receipt or certificate of deposit for, or any warrant or
right to subscribe to or purchase, any of the foregoing.
(43) "Settlement," in reference to a decedent's estate, includes the full
process of administration, distribution and closing.
(44) "Special administrator" means a personal representative as described
by sections 15-3-614 through 15-3-618, Idaho Code.
(45) "State" includes any state of the United States, the District of
Columbia, the Commonwealth of Puerto Rico, and any territory or possession
subject to the legislative authority of the United States.
(46) "Successor personal representative" means a personal representative,
other than a special administrator, who is appointed to succeed a previously
appointed personal representative.
(47) "Successors" means those persons, other than creditors, who are
entitled to property of a decedent under his will or this code.
(48) "Supervised administration" refers to the proceedings described in
part 5, chapter 3, of this code.
(49) "Testacy proceeding" means a proceeding to establish a will or
determine intestacy.
(50) "Trust" includes any express trust, private or charitable, with
additions thereto, wherever and however created. It also includes a trust
created or determined by judgment or decree under which the trust is to be
administered in the manner of an express trust. "Trust" excludes other
constructive trusts, and it excludes resulting trusts, conservatorships,
personal representatives, trust accounts as defined in chapter 6 of this code,
custodial arrangements pursuant to chapter 8, title 68, Idaho Code, business
trusts providing for certificates to be issued to beneficiaries, common trust
funds, voting trusts, security arrangements, liquidation trusts, and trusts
for the primary purpose of paying debts, dividends, interest, salaries, wages,
profits, pensions, or employee benefits of any kind, and any arrangement under
which a person is nominee or escrowee for another.
(51) "Trustee" includes an original, additional, or successor trustee,
whether or not appointed or confirmed by court.
(52) "Ward" is as defined in section 15-5-101, Idaho Code.
(53) "Will" is a testamentary instrument and includes codicil and any
testamentary instrument which merely appoints an executor or revokes or
revises another will.
(54) "Separate property" is as defined in section 32-903, Idaho Code.
(55) "Community property" is as defined in section 32-906, Idaho Code.

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