Probate

Probate is a process authorized by statute to clear title to the decedent’s property, to pay the decedent’s creditors, and to distribute to the beneficiaries the property of the decedent. In Idaho, the Idaho Uniform Probate Code authorizes a simplified probate, among other processes called informal probate. Through informal probate, there is generally no need to be involved in any court hearings and all pleadings are sent directly to the court. Because of the informal probate proceeding, a probate in Idaho is generally uncomplicated and provides a forum to determine creditors claims and any potential disputes. The desire to avoid probate is a consideration in the estate planning process, but should not be the sole driving force to create a revocable trust.