Idaho State Statutes - Idaho Attorney Directory

INFORMAL PROBATE OR APPOINTMENT PROCEEDINGS -- APPLICATION --
CONTENTS. Applications for informal probate, informal statement of intestacy
where the estate is community and there is a surviving spouse, or informal
appointment shall be directed to the registrar, and verified by the applicant
to be accurate and complete to the best of his knowledge and belief as to the
following information:
(a) Every application for informal probate of a will, informal statement
of intestacy where the estate is community and there is a surviving spouse, or
for informal appointment of a personal representative, other than a special,
ancillary or successor representative, shall contain the following:
(1) A statement of the interest of the applicant;
(2) The name, and date of death of the decedent, his age, and the county
and state of his domicile at the time of death, and the names and
addresses of the spouse, children, heirs and devisees and the ages of any
who are minors so far as known or ascertainable with reasonable diligence
by the applicant;
(3) If the decedent was not domiciled in the state at the time of his
death, a statement showing venue;
(4) A statement identifying and indicating the address of any personal
representative of the decedent appointed in this state or elsewhere whose
appointment has not been terminated;
(5) A statement indicating whether the applicant has received a demand
for notice, or is aware of any demand for notice of any probate or
appointment proceeding concerning the decedent that may have been filed in
this state or elsewhere;
(6) If the application is for an informal statement of intestacy of a
community estate where there is a surviving spouse, an affidavit of the
surviving spouse or someone acting on behalf of the surviving spouse that
there is no will, that the decedent's estate consists solely of community
property of the decedent and surviving spouse, that he or she is the
surviving spouse, and a request for a statement that there is no will,
that all assets are community and that the surviving spouse is the sole
heir;
(7) That the time limit for informal probate or appointment as provided
in this article has not expired either because three (3) years or less
have passed since the decedent's death, or, if more than three (3) years
from death have passed, that circumstances as described by section
15-3-108 of this code authorizing tardy probate appointment have occurred.
(b) An application for informal probate of a will shall state the
following in addition to the statements required by subsection (a) of this
section:
(1) That the original of the decedent's last will is in the possession of
the court, or accompanies the application, or that a certified copy of a
will probated in another jurisdiction accompanies the application;
(2) That the applicant, to the best of his knowledge, believes the will
to have been validly executed;
(3) That after the exercise of reasonable diligence, the applicant is
unaware of any instrument revoking the will, and that the applicant
believes that the instrument which is the subject of the application is
the decedent's last will.
(c) An application for informal appointment of a personal representative
to administer an estate under a will shall describe the will by date of
execution and state the time and place of probate or the pending application
or petition for probate. The application for appointment shall adopt the
statements in the application or petition for probate and state the name,
address and priority for appointment of the person whose appointment is
sought.
(d) An application for informal appointment of an administrator in
intestacy shall state in addition to the statements required by subsection (a)
of this section:
(1) That after the exercise of reasonable diligence, the applicant is
unaware of any unrevoked testamentary instrument relating to property
having a situs in this state under section 15-1-301 of this code, or, a
statement why any such instrument of which he may be aware is not being
probated;
(2) The priority of the person whose appointment is sought and the names
of any other persons having a prior or equal right to the appointment
under section 15-3-203 of this code.
(e) An application for appointment of a personal representative to
succeed a personal representative appointed under a different testacy status
shall refer to the order in the most recent testacy proceeding, state the name
and address of the person whose appointment is sought and of the person whose
appointment will be terminated if the application is granted, and describe the
priority of the applicant.
(f) An application for appointment of a personal representative to
succeed a personal representative who has tendered a resignation as provided
in subsection (c) of section 15-3-610 of this code, or whose appointment has
been terminated by death or removal, shall adopt the statements in the
application or petition which led to the appointment of the person being
succeeded except as specifically changed or corrected, state the name and
address of the person who seeks appointment as successor, and describe the
priority of the applicant.
(g) By verifying an application for informal probate, or informal
appointment, the applicant submits personally to the jurisdiction of the court
in any proceeding for relief from fraud relating to the application, or for
perjury, that may be instituted against him.
(h) Any statement entered upon an application for informal statement of
intestacy where the estate is community and there is a surviving spouse shall
contain a statement of heirship setting out the heirs of the decedent and
shall have the same effect as entry of a statement of informal probate of a
will and be subject to the limitation periods set out in section 15-3-108,
Idaho Code, notwithstanding the exception provided in that section for
determining heirs of an intestate.

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