Idaho State Statutes - Idaho Attorney Directory

A petition for
supervised administration may be filed by any interested person or by a
personal representative at any time or the prayer for supervised
administration may be joined with a petition in a testacy or appointment
proceeding. If the testacy of the decedent and the priority and qualification
of any personal representative have not been adjudicated previously, the
petition for supervised administration shall include the matters required of a
petition in a formal testacy proceeding and the notice requirements and
procedures applicable to a formal testacy proceeding apply. If not previously
adjudicated, the court shall adjudicate the testacy of the decedent and
questions relating to the priority and qualifications of the personal
representative in any case involving a request for supervised administration,
even though the request for supervised administration may be denied. After
notice to interested persons, the court shall order supervised administration
of a decedent's estate: (1) if the decedent's will directs supervised
administration, it shall be ordered unless the court finds that circumstances
bearing on the need for supervised administration have changed since the
execution of the will and that there is no necessity for supervised
administration; (2) if the decedent's will directs unsupervised
administration, supervised administration shall be ordered only upon a finding
that it is necessary for protection of persons interested in the estate; or
(3) in other cases if the court finds that supervised administration is
necessary under the circumstances.

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