{"id":137,"date":"2017-03-09T13:24:30","date_gmt":"2017-03-09T13:24:30","guid":{"rendered":"https:\/\/www.deeds.com\/articles\/?p=137"},"modified":"2024-04-25T23:21:09","modified_gmt":"2024-04-26T03:21:09","slug":"probate-of-real-property-in-idaho","status":"publish","type":"post","link":"https:\/\/www.deeds.com\/articles\/probate-of-real-property-in-idaho\/","title":{"rendered":"Probate of Real Property in Idaho"},"content":{"rendered":"\n

Probate is the court-overseen process by which property is transferred to a decedent\u2019s distributees and\/or heirs upon death. A distributee is any person who receives a decedent\u2019s property other than as a purchaser or creditor, and an heir is a person entitled under Idaho\u2019s laws of intestate succession to receive property (I.C. \u00a7\u00a7 15-1-201(11), 15-1-201(22)). The Uniform Probate Code is codified at Title 15 of the Idaho Revised Statues.<\/p>\n\n\n\n\n\n\n\n

When a property owner dies in Idaho, probate is opened in\nthe county in which the decedent was domiciled at the time. The custodian of\nthe will, if the decedent died testate, must deliver the document to the court to\nopen probate. If the decedent died intestate (without a will), any interested\nperson, as the term is defined by \u00a7 15-1-201(25), may petition the court for\nprobate. Idaho offers options for probate openings and closings; consult a\nlawyer to determine which type of probate best suits the situation.<\/p>\n\n\n\n

Jointly-held property or property owned by spouses as\ncommunity property is not subject to probate. Idaho also recognizes transfer on\ndeath deeds, which designate a beneficiary to whom title passes, when recorded\nprior to the grantor\u2019s death. <\/p>\n\n\n\n

Estate administration officially commences with the\nappointment of a personal representative (PR) through the granting of letters\nby the court (\u00a7 15-3-103). The personal representative \u2013 the  fiduciary in charge of settling the decedent\u2019s\nestate \u2013 may be named in the decedent\u2019s will, or selected by the court.\nPriority of persons to serve as the estate\u2019s PR is established at \u00a7 15-3-203.<\/p>\n\n\n\n

Part of a personal representative\u2019s duties in administering\nthe estate is to make any necessary transfers of title to the decedent\u2019s real\nproperty after the debts and valid claims on the estate have been paid.\nAdditionally, a PR may need to sell real property from the estate to raise the\nrequired funds necessary to pay outstanding debt or to facilitate distribution\nof the estate among multiple beneficiaries.<\/p>\n\n\n\n

When property does not transfer out of probate, the PR must\nexecute a deed to transfer title. The type of deed required depends on the\nsituation. A personal representative\u2019s deed of distribution quitclaims title to\nheirs entitled to receive property when the decedent has died intestate\n(without a will). <\/p>\n\n\n\n

In cases where the grantee is not an heir, the PR uses a special warranty deed. Deeds made in a representative capacity are generally named after the title of the acting fiduciary, but they are functionally equivalent to standard conveyancing documents. A special (limited) warranty deed in Idaho contains covenants that the grantor has not previously conveyed the same title, and that the estate is free from encumbrances made by or under the grantor (\u00a7 55-612).<\/p>\n\n\n\n