Idaho State Statutes - Idaho Attorney Directory

FORMAL TESTACY OR APPOINTMENT PROCEEDINGS -- PETITION --
CONTENTS. (a) Petitions for formal probate of a will, or for adjudication of
intestacy with or without request for appointment of a personal
representative, must be directed to the court, request a judicial order after
notice and hearing and contain further statements as indicated in this
section. A petition for formal probate of a will:
(1) requests an order as to the testacy of the decedent in relation to a
particular instrument which may or may not have been informally probated
and determining the heirs;
(2) contains the statements required for informal applications as stated
in subsection (a)(1) through (5) of section 15-3-301 of this code, the
statements required by subsection (b)(1) and (2) of section 15-3-301 of
this code; and
(3) states whether the original of the last will of the decedent is in
the possession of the court or accompanies the petition.
(b) If the original will is neither in the possession of the court nor
accompanies the petition and no authenticated copy of a will probated in
another jurisdiction accompanies the petition, the petition also must state
the contents of the will, and indicate that it is lost, destroyed, or
otherwise unavailable.
(c) A petition for adjudication of intestacy and appointment of an
administrator in intestacy must request a judicial finding and order that the
decedent left no will and determining the heirs, contain the statements
required by subsection[s] (a) and (d) of section 15-3-301 of this code and
indicate whether supervised administration is sought. A petition may request
an order determining intestacy and heirs without requesting the appointment of
an administrator, in which case, the statements required by subsection (d)(2)
of section 15-3-301 of this code may be omitted.

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