Idaho State Statutes - Idaho Attorney Directory

JOINT PROBATE ON DEATH OF SURVIVOR OF MARRIAGE DISSOLVED BY
DEATH. In cases in which a marital community has been dissolved by the death
of either spouse at any time, the survivor was then entitled to all of the
property of the decedent by will, law, or both, and the survivor died before
any proceeding had been commenced for the probate of the estate of the spouse
whose death occurred first, the estates of both decedents may be joined for
probate in a single proceeding in any court having jurisdiction of the estate
of the spouse whose death occurred last. The three (3) year provision of
section 15-3-108, Idaho Code, applies only to the death of the spouse whose
death occurred last. The initial application or petition filed in any such
joint proceeding shall contain a statement of the facts upon which such joint
proceeding is based, in addition to all other statements required by this code
to be made therein.

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