Idaho State Statutes - Idaho Attorney Directory

PRIORITY AMONG PERSONS SEEKING APPOINTMENT AS PERSONAL
REPRESENTATIVE. (a) Whether the proceedings are formal or informal, persons
who are not disqualified have priority for appointment in the following order:
(1) the person with priority as determined by a probated will including a
person nominated by a power conferred in a will;
(2) the surviving spouse of the decedent who is a devisee of the
decedent;
(3) other devisees of the decedent;
(4) the surviving spouse of the decedent;
(5) other heirs of the decedent;
(6) forty-five (45) days after the death of the decedent, any creditor;
(7) if a petition for appointment of a personal representative has been
filed and sixty (60) days have elapsed during which no consent to act has
been filed by any proper person, the public administrator shall act as
personal representative unless and until a proper person consents to act.
(b) An objection to an appointment can be made only in formal
proceedings. In case of objection the priorities stated in subsection (a) of
this section apply except that
(1) if the estate appears to be more than adequate to meet exemptions and
costs of administration but inadequate to discharge anticipated unsecured
claims, the court, on petition of creditors, may appoint any qualified
person;
(2) in case of objection to appointment of a person other than one whose
priority is determined by will by an heir or devisee appearing to have a
substantial interest in the estate, the court may appoint a person who is
acceptable to heirs and devisees whose interests in the estate appear to
be worth in total more than half of the probable distributable value, or,
in default of this accord any suitable person.
(c) A person entitled to letters under (2) through (5) of subsection (a)
of this section may nominate a qualified person to act as personal
representative. Any person aged eighteen (18) and over may renounce his right
to an appointment by appropriate writing filed with the court. When two (2) or
more persons share a priority, those of them who do not renounce must concur
in nominating another to act for them, or in applying for appointment.
(d) Conservators of the estates of protected persons, or if there is no
conservator, any guardian except a guardian ad litem of a minor or
incapacitated person, may exercise the same right to nominate, to object to
another's appointment, or to participate in determining the preference of a
majority in interest of the heirs and devisees that the protected person or
ward would have if qualified for appointment.
(e) Appointment of one who does not have priority, including priority
resulting from renunciation or nomination determined pursuant to this section,
may be made only in formal proceedings. Before appointing one without
priority, the court must determine that those having priority, although given
notice of the proceedings, have failed to request appointment or to nominate
another for appointment, and that administration is necessary.
(f) No person is qualified to serve as a personal representative who is:
(1) under the age of eighteen (18);
(2) a person whom the court finds unsuitable in formal proceedings.
(g) A personal representative appointed by a court of the decedent's
domicile has priority over all other persons except where the decedent's will
nominates different persons to be personal representative in this state and in
the state of domicile. The domiciliary personal representative may nominate
another, who shall have the same priority as the domiciliary personal
representative.
(h) This section governs priority for appointment of a successor personal
representative but does not apply to the selection of a special administrator.
(i) A married woman shall have the right to serve as personal
representative.

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