Idaho State Statutes - Idaho Attorney Directory

PROBATE -- TESTACY AND APPOINTMENT PROCEEDINGS -- ULTIMATE TIME
LIMIT. No informal probate or appointment proceeding or formal testacy or
appointment proceeding, other than a proceeding to probate a will previously
probated at the testator's domicile and appointment proceedings relating to an
estate in which there has been a prior appointment, may be commenced more than
three (3) years after the decedent's death, except (1) if a previous
proceeding was dismissed because of doubt about the fact of the decedent's
death, appropriate probate, appointment or testacy proceedings may be
maintained at any time thereafter upon a finding that the decedent's death
occurred prior to the initiation of the previous proceeding and the applicant
or petitioner has not delayed unduly in initiating the subsequent proceeding;
(2) appropriate probate, appointment or testacy proceedings may be maintained
in relation to the estate of an absent, disappeared or missing person for
whose estate a conservator has been appointed, at any time within three (3)
years after the conservator becomes able to establish the death of the
protected person; and (3) a proceeding to contest an informally probated will
and to secure appointment of the person with legal priority for appointment in
the event the contest is successful, may be commenced within the later of
twelve (12) months from the informal probate or three (3) years from the
decedent's death. These limitations do not apply to proceedings to construe
probated wills or determine heirs of an intestate. In cases under (1) or (2)
of this section, the date on which a testacy or appointment proceeding is
properly commenced shall be deemed to be the date of the decedent's death for
purposes of other limitations provisions of this code which relate to the date
of death.

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