Idaho State Statutes - Idaho Attorney Directory

Subject to appeal and subject to vacation as provided herein and in section
15-3-413 of this Part, a formal testacy order under sections 15-3-409 through
15-3-411 of this Part, including an order that the decedent left no valid will
and determining heirs, is final as to all persons with respect to all issues
concerning the decedent's estate that the court considered or might have
considered incident to its rendition relevant to the question of whether the
decedent left a valid will, and to the determination of heirs, except that:
(a) The court shall entertain a petition for modification or vacation of
its order and probate of another will of the decedent if it is shown that the
proponents of the later-offered will were unaware of its existence at the time
of the earlier proceeding or were unaware of the earlier proceeding and were
given no notice thereof, except by publication.
(b) If intestacy of all or part of the estate has been ordered, the
determination of heirs of the decedent may be reconsidered if it is shown that
one (1) or more persons were omitted from the determination and it is also
shown that the persons were unaware of their relationship to the decedent,
were unaware of his death or were given no notice of any proceeding concerning
his estate, except by publication.
(c) A petition for vacation under either subsection (a) or (b) of this
section must be filed prior to the earlier of the following time limits:
(1) if a personal representative has been appointed for the estate, the
time of entry of any order approving final distribution of the estate, or,
if the estate is closed by statement, six (6) months after the filing of
the closing statement.
(2) whether or not a personal representative has been appointed for the
estate of the decedent, the time prescribed by section 15-3-108 of this
code when it is no longer possible to initiate an original proceeding to
probate a will of the decedent.
(3) twelve (12) months after the entry of the order sought to be vacated.
(d) The order originally rendered in the testacy proceeding may be
modified or vacated, if appropriate under the circumstances, by the order of
probate of the later-offered will or the order redetermining heirs.
(e) The finding of the fact of death is conclusive as to the alleged
decedent only if notice of the hearing on the petition in the formal testacy
proceeding was sent by registered or certified mail addressed to the alleged
decedent at his last known address and the court finds that a search under
subsection (b) of section 15-3-403 of this Part was made.
If the alleged decedent is not dead, even if notice was sent and search
was made, he may recover estate assets in the hands of the personal
representative. In addition to any remedies available to the alleged decedent
by reason of any fraud or intentional wrongdoing, the alleged decedent may
recover any estate or its proceeds from distributees that is in their hands,
or the value of distributions received by them, to the extent that any
recovery from distributees is equitable in view of all of the circumstances.

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