Idaho State Statutes - Idaho Attorney Directory

(a) In an
informal proceeding for original probate of a will or informal statement of
intestacy where the estate is community and there is a surviving spouse, the
registrar shall determine whether:
(1) the application is complete;
(2) the applicant has made oath or affirmation that the statements
contained in the application are true to the best of his knowledge and
belief;
(3) the applicant appears from the application to be an interested person
as defined in subsection (24) of section 15-1-201 of this code;
(4) on the basis of the statements in the application, venue is proper;
(5) an original, duly executed and apparently unrevoked will is in the
registrar's possession;
(6) any notice required by section 15-3-204 of this code has been given
and that the application is not within section 15-3-304 of this part, and
(7) it appears from the application that the time limit for original
probate has not expired;
(8) if the application is for a statement of intestacy of a community
estate with a surviving spouse, on the basis of statements in the
application and affidavit: 1. the decedent left no will, 2. the decedent's
estate consists solely of community property of the decedent and the
surviving spouse, and 3. the decedent left a surviving spouse. In addition
to this, the registrar shall set out the name of the surviving spouse.
(b) The application shall be denied if it indicates that a personal
representative has been appointed in another county of this state or except as
provided in subsection (d) of this section, if it appears that this or another
will of the decedent has been the subject of a previous probate order.
(c) A will which appears to have the required signatures and which
contains an attestation clause showing that requirements of execution under
section 15-2-502, 15-2-503 or 15-2-506 of this code have been met shall be
probated without further proof. In other cases, the registrar may assume
execution if the will appears to have been properly executed, or he may accept
a sworn statement or affidavit of any person having knowledge of the
circumstances of execution, whether or not the person was a witness to the
will.
(d) Informal probate of a will which has been previously probated
elsewhere may be granted at any time upon written application by any
interested person, together with deposit of an authenticated copy of the will
and of the statement probating it from the office or court where it was first
probated.
(e) A will from a place which does not provide for probate of a will
after death and which is not eligible for probate under subsection (a) of this
section, may be probated in this state upon receipt by the registrar of a duly
authenticated copy of the will and a duly authenticated certificate of its
legal custodian that the copy filed is a true copy and that the will has
become operative under the law of the other place.

Click here to visit the Official Idaho State Statutes