Idaho Code § 15-5-124 — Idaho Code / Title 15 / Chapter 5 / Section 15-5-124
15-5-124 USE OF AGENT BY GUARDIAN OR CONSERVATOR.
Status: in_force

PART 1

GENERAL PROVISIONS

15-5-124. USE OF AGENT BY GUARDIAN OR CONSERVATOR. [effective january 1, 2027] (1) Except as otherwise provided in subsection (3) of this section, a guardian or conservator may delegate a power to an agent that a prudent guardian or conservator of comparable skills could delegate prudently under the circumstances if the delegation is consistent with the guardian's or conservator's fiduciary duties and the guardian's plan under section 15-5-316, Idaho Code, or conservator's plan under section 15-5-419, Idaho Code.

(2) In delegating a power under subsection (1) of this section, the guardian or conservator shall exercise reasonable care, skill, and caution in:

(a) Selecting the agent;

(b) Establishing the scope and terms of the agent's work in accordance with the guardian's plan under section 15-5-316, Idaho Code, or conservator's plan under section 15-5-419, Idaho Code;

(c) Monitoring the agent's performance and compliance with the delegation; and

(d) Redressing an act or omission of the agent that would constitute a breach of the guardian's or conservator's duties if done by the guardian or conservator.

(3) A guardian or conservator may not delegate all powers to an agent.

(4) In performing a power delegated under this section, an agent shall:

(a) Exercise reasonable care to comply with the terms of the delegation and use reasonable care in the performance of the power; and

(b) If the guardian or conservator has delegated to the agent the power to make a decision on behalf of the individual subject to guardianship or conservatorship, use the same decision-making standard the guardian or conservator would be required to use.

(5) By accepting a delegation of a power under subsection (1) of this section from a guardian or conservator, an agent submits to the personal jurisdiction of the courts of this state in an action involving the agent's performance as agent.

(6) A guardian or conservator that delegates and monitors a power in compliance with this section is not liable for the decision, act, or omission of the agent.

History:

[15-5-124, added 2026, ch. 79, sec. 3, p. 337.]
Idaho Code § 15-6-404 — Idaho Code / Title 15 / Chapter 6 / Section 15-6-404
15-6-404 TERMINATION OF COMMUNITY PROPERTY WITH RIGHT OF SURVIVORSHIP IN PERSONAL PROPERTY.
Status: in_force

PART 4.

COMMUNITY PROPERTY RIGHT OF SURVIVORSHIP

15-6-404. TERMINATION OF COMMUNITY PROPERTY WITH RIGHT OF SURVIVORSHIP IN PERSONAL PROPERTY. (1) The right of survivorship is extinguished by a document executed by either spouse that sets forth:

(a) A stated intent by the spouse to terminate the survivorship right;

(b) A description of the instrument by which the right of survivorship was created, including the date the instrument was executed; and

(c) A description of the personal property affected by the document.

The execution of the document shall not extinguish the community interest of either spouse.

(2) The right of survivorship is extinguished upon delivery, while both husband and wife are alive, of the document described in subsection (1) of this section to the entity at which the personal property is held.

(3) Divorce or annulment of the marriage of the husband and wife, unless otherwise ordered by the court in which the divorce is granted, severs the interests of the former spouses in property held by them at the time of the divorce or annulment as community property with the right of survivorship and transforms the interests of the former spouses into tenancies in common. A severance under this section does not affect any third party interest in property acquired for value and in good faith reliance on an apparent title by survivorship in the survivor of the former spouses unless a writing declaring the severance has been noted, registered, filed or recorded in records appropriate to the kind and location of the property that a person relied upon as evidence of ownership in the ordinary course of transactions involving that property.

(4) If both spouses are deceased and it cannot be reasonably ascertained which spouse was the first to die and which spouse survived, the right of survivorship shall be deemed terminated and the property treated as community property without the right of survivorship.

History:

[15-6-404, added 2015, ch. 247, sec. 2, p. 1044.]
Idaho Code § 15-3-310 — Idaho Code / Title 15 / Chapter 3 / Section 15-3-310
15-3-310 INFORMAL APPOINTMENT PROCEEDINGS — NOTICE REQUIREMENTS.
Status: in_force

PART 3.

INFORMAL PROBATE AND APPOINTMENT PROCEEDINGS

15-3-310. Informal appointment proceedings — Notice requirements. The moving party must give notice as described by section 15-1-401 of this code of his intention to seek an appointment informally: (1) to any person demanding it pursuant to section 15-3-204 of this code; and (2) to any person having a prior or equal right to appointment not waived in writing and filed with the court. No other notice of an informal appointment proceeding is required.

History:

[I.C., sec. 15-3-310, as added by 1971, ch. 111, sec. 1, p. 233.]
Idaho Code § 15-3-304 — Idaho Code / Title 15 / Chapter 3 / Section 15-3-304
15-3-304 INFORMAL PROBATE — UNAVAILABLE IN CERTAIN CASES.
Status: in_force

PART 3.

INFORMAL PROBATE AND APPOINTMENT PROCEEDINGS

15-3-304. Informal probate — Unavailable in certain cases. Applications for informal probate which relate to one (1) or more of a known series of testamentary instruments (other than a will and one (1) or more codicils thereto), the latest of which does not expressly revoke the earlier, shall be declined.

History:

[15-3-304, added 1971, ch. 111, sec. 1, p. 233; am. 2015, ch. 76, sec. 1, p. 198.]
Idaho Code § 15-5-120 — Idaho Code / Title 15 / Chapter 5 / Section 15-5-120
15-5-120 COMPENSATION OF GUARDIAN OR CONSERVATOR.
Status: in_force

PART 1

GENERAL PROVISIONS

15-5-120. COMPENSATION OF GUARDIAN OR CONSERVATOR. [effective january 1, 2027] (1) Subject to court approval, a guardian is entitled to reasonable compensation for services as guardian and to reimbursement for room, board, clothing, and other appropriate expenses advanced for the benefit of the individual subject to guardianship. If a conservator, other than the guardian or a person affiliated with the guardian, is appointed for the individual subject to conservatorship, reasonable compensation and reimbursement to the guardian may be approved and paid by the conservator without court approval.

(2) Subject to court approval, a conservator is entitled to reasonable compensation for services and reimbursement for appropriate expenses from the property of the individual subject to conservatorship.

(3) In determining reasonable compensation for a guardian or conservator, the court, or a conservator in determining reasonable compensation for a guardian as provided in subsection (1) of this section, shall consider:

(a) The necessity and quality of the services provided;

(b) The experience, training, professional standing, and skills of the guardian or conservator;

(c) The difficulty of the services performed, including the degree of skill and care required;

(d) The conditions and circumstances under which a service was performed, including whether the service was provided outside regular business hours or under dangerous or extraordinary conditions;

(e) The effect of the services on the individual subject to guardianship or conservatorship;

(f) The extent to which the services provided were or were not consistent with the guardian's plan under section 15-5-316, Idaho Code, or conservator's plan under section 15-5-419, Idaho Code; and

(g) The fees customarily paid to a person that performs a like service in the community.

(4) A guardian or conservator need not use personal funds for the expenses of the individual subject to guardianship or conservatorship.

(5) If an individual subject to guardianship or conservatorship seeks to modify or terminate the guardianship or conservatorship or remove the guardian or conservator, the court may order compensation to the guardian or conservator for time spent opposing modification, termination, or removal only to the extent the court determines the opposition was reasonably necessary to protect the interest of the individual subject to guardianship or conservatorship.

(6) If the estate is inadequate to bear any of the reasonable compensation, fees, or costs referenced in this section, the court may apportion the reasonable compensation, fees, or costs to any party, or among the parties, as the court deems reasonable.

History:

[15-5-120, added 2026, ch. 79, sec. 3, p. 336.]
Idaho Code § 15-2-205 — Idaho Code / Title 15 / Chapter 2 / Section 15-2-205
15-2-205 PROCEEDING FOR ELECTIVE SHARE — TIME LIMIT.
Status: in_force

PART 2.

SUCCESSION OF QUASI-COMMUNITY PROPERTY — ELECTIVE SHARE OF SURVIVING SPOUSE

15-2-205. Proceeding for elective share — Time limit. (a) The surviving spouse may elect to take his elective share in the augmented net estate by filing in the court and mailing or delivering to the personal representative a petition for the elective share within nine (9) months after the death of the decedent or six (6) months after the date of filing of the petition for probate, whichever is later. The court may extend the time for election as it sees fit for cause shown by the surviving spouse before the time for election has expired.

(b) The surviving spouse shall give notice of the time and place set for hearing to persons interested in the estate and to the distributees and recipients of portions of the augmented net estate whose interests will be adversely affected by the taking of the elective share.

(c) The surviving spouse may withdraw his demand for an elective share at any time before entry of a final determination by the court.

(d) After notice and hearing, the court shall determine the amount of the elective share and shall order its payment from the assets of the augmented net estate or by contribution as appears appropriate under section 15-2-207 of this code. If it appears that a fund or property included in the augmented net estate has not come into the possession of the personal representative, or has been distributed by the personal representative, the court nevertheless shall fix the liability of any person who has any interest in the fund or property or who has possession thereof, whether as trustee or otherwise. The proceeding may be maintained against fewer than all persons against whom relief could be sought, but no person is subject to contribution in any greater amount than he would have been if relief had been secured against all persons subject to contribution.

(e) The order or judgment of the court may be enforced as necessary in suit for contribution or payment in other courts of this state or other jurisdictions.

History:

[I.C., sec. 15-2-205, as added by 1972, ch. 201, sec. 4, p. 510; am. 1973, ch. 167, sec. 6, p. 319; am. 1999, ch. 73, sec. 1, p. 196.]
Idaho Code § 15-5-702 — Idaho Code / Title 15 / Chapter 5 / Section 15-5-702
15-5-702 RELATION TO ELECTRONIC SIGNATURES IN GLOBAL AND NATIONAL COMMERCE ACT.
Status: in_force

PART 7

MISCELLANEOUS PROVISIONS [EFFECTIVE JANUARY 1, 2027]

15-5-702. RELATION TO ELECTRONIC SIGNATURES IN GLOBAL AND NATIONAL COMMERCE ACT. [effective January 1, 2027] This chapter modifies, limits, or supersedes the electronic signatures in global and national commerce act, 15 U.S.C. 7001 et seq., but does not modify, limit, or supersede section 101(c) of that act, 15 U.S.C. 7001(c), or authorize electronic delivery of any of the notices described in section 103(b) of that act, 15 U.S.C. 7003(b).

History:

[15-5-702, added 2026, ch. 79, sec. 9, p. 392.]
Idaho Code § 15-3-607 — Idaho Code / Title 15 / Chapter 3 / Section 15-3-607
15-3-607 ORDER RESTRAINING PERSONAL REPRESENTATIVE.
Status: in_force

PART 6.

PERSONAL REPRESENTATIVE — APPOINTMENT, CONTROL AND TERMINATION OF AUTHORITY

15-3-607. Order restraining personal representative. (a) On petition of any person who appears to have an interest in the estate, the court by temporary order may restrain a personal representative from performing specified acts of administration, disbursement, or distribution, or exercise of any powers or discharge of any duties of his office, or make any other order to secure proper performance of his duty, if it appears to the court that the personal representative otherwise may take some action which would jeopardize unreasonably the interest of the applicant or of some other interested person. Persons with whom the personal representative may transact business may be made parties.

(b) The matter shall be set for hearing within ten (10) days unless the parties otherwise agree. Notice as the court directs shall be given to the personal representative and his attorney of record, if any, and to any other parties named defendant in the petition.

(c) If any person is suspected of having concealed, embezzled, or smuggled, laid away or disposed of any moneys, goods, or chattels of the decedent or to have in his possession or subject to his knowledge, any deeds, conveyances, bonds, contracts, or other writings, or any personal estate, or any other claim or demand or any last will of the decedent, such person may be ordered to appear, examined on oath and held to account upon such matters.

History:

[I.C., sec. 15-3-607, as added by 1971, ch. 111, sec. 1, p. 233.]
Idaho Code § 15-3-307 — Idaho Code / Title 15 / Chapter 3 / Section 15-3-307
15-3-307 INFORMAL APPOINTMENT PROCEEDINGS — DELAY IN ORDER — DUTY OF REGISTRAR — EFFECT OF APPOINTMENT.
Status: in_force

PART 3.

INFORMAL PROBATE AND APPOINTMENT PROCEEDINGS

15-3-307. Informal appointment proceedings — Delay in order — Duty of registrar — Effect of appointment. (a) Upon receipt of an application for informal appointment of a personal representative other than a special administrator as provided in section 15-3-614 of this code, if at least one hundred twenty (120) hours have elapsed since the decedent's death, the registrar, after making the findings required by section 15-3-308 of this chapter, shall appoint the applicant subject to qualification and acceptance; provided, that if the decedent was a nonresident, the registrar shall delay the order of appointment until thirty (30) days have elapsed since death unless the personal representative appointed at the decedent's domicile is the applicant, or unless the decedent's will directs that his estate be subject to the laws of this state.

(b) The status of personal representative and the powers and duties pertaining to the office are fully established by informal appointment. An appointment, and the office of personal representative created thereby, is subject to termination as provided in sections 15-3-608 through 15-3-612 of this code, but is not subject to retroactive vacation.

History:

[I.C., sec. 15-3-307, as added by 1971, ch. 111, sec. 1, p. 233.]
Idaho Code § 15-14-109 — Idaho Code / Title 15 / Chapter 14 / Section 15-14-109
15-14-109 DISCLOSURE OF CONTENT OF ELECTRONIC COMMUNICATIONS OF PRINCIPAL.
Status: in_force

PART 1

REVISED UNIFORM FIDUCIARY ACCESS TO DIGITAL ASSETS ACT

15-14-109. disclosure of content of electronic communications of principal. To the extent a power of attorney expressly grants an agent authority over the content of electronic communications sent or received by the principal and unless directed otherwise by the principal or the court, a custodian shall disclose to the agent the content of an electronic communication sent or received by the principal if the agent gives to the custodian:

(1) A written request for disclosure in physical or electronic form;

(2) An original or copy of the power of attorney expressly granting the agent authority over the content of electronic communications of the principal;

(3) A certification by the agent, under penalty of perjury, that the power of attorney is in effect; and

(4) If requested by the custodian:

(a) A number, user name, address or other unique subscriber or account identifier assigned by the custodian to identify the principal's account; or

(b) Evidence linking the account to the principal.

History:

[15-14-109, added 2016, ch. 263, sec. 1, p. 689.]
Idaho Code § 15-3-201 — Idaho Code / Title 15 / Chapter 3 / Section 15-3-201
15-3-201 VENUE FOR FIRST AND SUBSEQUENT ESTATE PROCEEDINGS — LOCATION OF PROPERTY.
Status: in_force

PART 2.

VENUE FOR PROBATE AND ADMINISTRATION — PRIORITY TO ADMINISTER — DEMAND FOR NOTICE

15-3-201. Venue for first and subsequent estate proceedings — Location of property. (a) Venue for the first informal or formal testacy or appointment proceedings after a decedent's death is:

(1) In the county where the decedent had his domicile at the time of his death; or

(2) If the decedent was not domiciled in this state, in any county where property of the decedent was located at the time of his death.

(b) Venue for all subsequent proceedings within the exclusive jurisdiction of the court is in the place where the initial proceeding occurred, unless the initial proceeding has been transferred as provided in section 15-1-303 of this code or subsection (c) of this section.

(c) If the first proceeding was informal, on application of an interested person and after notice to the proponent in the first proceeding, the court, upon finding that venue is elsewhere, may transfer the proceeding and the file to the other court.

(d) For the purpose of aiding determinations concerning location of assets which may be relevant in cases involving nondomiciliaries, a debt, other than one evidenced by investment or commercial paper or other instrument in favor of a nondomiciliary, is located where the debtor resides or, if the debtor is a person other than an individual, at the place where it has its principal office. Commercial paper, investment paper and other instruments are located where the instrument is. An interest in property held in trust is located where the trustee may be sued.

History:

[(15-3-201) added 1971, ch. 111, sec. 1, p. 233; am. 2009, ch. 11, sec. 4, p. 15.]
Idaho Code § 15-3-616 — Idaho Code / Title 15 / Chapter 3 / Section 15-3-616
15-3-616 SPECIAL ADMINISTRATOR — APPOINTED INFORMALLY — POWERS AND DUTIES.
Status: in_force

PART 6.

PERSONAL REPRESENTATIVE — APPOINTMENT, CONTROL AND TERMINATION OF AUTHORITY

15-3-616. Special administrator — Appointed informally — Powers and duties. A special administrator appointed by the registrar in informal proceedings pursuant to subsection (a) of section 15-3-614 of this Part has the duty to collect and manage the assets of the estate, to preserve them, to account therefor and to deliver them to the general personal representative upon his qualification. The special administrator has the power of a personal representative under this code necessary to perform his duties.

History:

[I.C., sec. 15-3-616, as added by 1971, ch. 111, sec. 1, p. 233.]
Idaho Code § 15-5-105 — Idaho Code / Title 15 / Chapter 5 / Section 15-5-105
15-5-105 TRANSFER OF PROCEEDING.
Status: in_force

PART 1

GENERAL PROVISIONS

15-5-105. Evidence in proceedings involving veteran's benefits. [effective until january 1, 2027] If benefits derived from the United States through the veteran's administration are involved in any proceeding under this chapter, a certificate of the administrator or his authorized representative shall be prima facie evidence of the necessity of appointment of a guardian or conservator or both if:

(a) It sets forth the age of the minor involved in the proceeding as shown by the records of the veterans administration and the fact that appointment is a condition precedent to payment of any moneys;

(b) It sets forth the fact that a purportedly incapacitated person involved in the proceeding has been rated incompetent by the veterans administration upon examination pursuant to the laws governing such administration and that appointment of a guardian is a condition precedent to payment of any moneys due such incapacitated person.

15-5-105. transfer of proceeding. [effective january 1, 2027] [Reserved]

History:

[15-5-105, added 1971, ch. 111, sec. 1, p. 233; repealed and added 2026, ch. 79, sec. 3, p. 332.]
Idaho Code § 15-2-109 — Idaho Code / Title 15 / Chapter 2 / Section 15-2-109
15-2-109 MEANING OF CHILD AND RELATED TERMS.
Status: in_force

PART 1.

INTESTATE SUCCESSION

15-2-109. Meaning of child and related terms. If, for purposes of intestate succession, a relationship of parents and child must be established to determine succession by, through, or from a person:

(a) An adopted person is a child of an adopting parent and not of the natural parents except that adoption of a child by the spouse of a natural parent has no effect on the relationship between the child and that natural parent and adoption by the spouse of a natural parent has no effect on the relationship between the child and a deceased, undivorced natural parent.

(b) In cases not covered by subsection (a) of this section, a person born out of wedlock is a child of the mother. That person is also a child of the father, if:

(1) The natural parents participated in a marriage ceremony before or after the birth of the child, even though the attempted marriage is void; or

(2) The paternity is established by an adjudication before the death of the father or is established thereafter by clear and convincing proof, except that the paternity established under this subparagraph (2) is ineffective to qualify the father or his kindred to inherit from or through the child unless the father has openly treated the child as his, and has not refused to support the child.

History:

[I.C., sec. 15-2-109, as added by 1971, ch. 111, sec. 1, p. 233; am. 1978, ch. 350, sec. 4, p. 916.]
Idaho Code § 15-3-103 — Idaho Code / Title 15 / Chapter 3 / Section 15-3-103
15-3-103 NECESSITY OF APPOINTMENT FOR ADMINISTRATION.
Status: in_force

PART 1.

GENERAL PROVISIONS

15-3-103. Necessity of appointment for administration. Except as otherwise provided in chapter 4 of this code, to acquire the powers and undertake the duties and liabilities of a personal representative of a decedent, a person must be appointed by order of the court or registrar, qualify and be issued letters. Administration of an estate is commenced by the issuance of letters.

History:

[I.C., sec. 15-3-103, as added by 1971, ch. 111, sec. 1, p. 233.]
Idaho Code § 15-4-302 — Idaho Code / Title 15 / Chapter 4 / Section 15-4-302
15-4-302 JURISDICTION BY ACT OF DECEDENT.
Status: in_force

PART 3.

JURISDICTION OVER FOREIGN REPRESENTATIVES

15-4-302. Jurisdiction by act of decedent. In addition to jurisdiction conferred by section 15-4-301 of this Part, a foreign personal representative is subject to the jurisdiction of the courts of this state to the same extent that his decedent was subject to jurisdiction immediately prior to death.

History:

[I.C., sec. 15-4-302, as added by 1971, ch. 111, sec. 1, p. 233.]
Idaho Code § 15-2-201 — Idaho Code / Title 15 / Chapter 2 / Section 15-2-201
15-2-201 QUASI-COMMUNITY PROPERTY.
Status: in_force

PART 2.

SUCCESSION OF QUASI-COMMUNITY PROPERTY — ELECTIVE SHARE OF SURVIVING SPOUSE

15-2-201. Quasi-community property. (a) Upon death of a married person domiciled in this state, one-half (1/2) of the quasi-community property shall belong to the surviving spouse and the other one-half (1/2) of such property shall be subject to the testamentary disposition of the decedent and, if not devised by the decedent, goes to the surviving spouse.

(b) Quasi-community property is all personal property, wherever situated, and all real property situated in this state which has heretofore been acquired or is hereafter acquired by the decedent while domiciled elsewhere and which would have been the community property of the decedent and the surviving spouse had the decedent been domiciled in this state at the time of its acquisition plus all personal property, wherever situated, and all real property situated in this state, which has heretofore been acquired or is hereafter acquired in exchange for real or personal property, wherever situated, which would have been the community property of the decedent and the surviving spouse if the decedent had been domiciled in this state at the time the property so exchanged was acquired, provided that real property does not and personal property does include leasehold interests in real property, provided that quasi-community property shall include real property situated in another state and owned by a domiciliary of this state if the laws of such state permit descent and distribution of such property to be governed by the laws of this state.

(c) All quasi-community property is subject to the debts of decedent.

History:

[I.C., sec. 15-2-201, as added by 1972, ch. 201, sec. 4, p. 510.]
Idaho Code § 15-8-207 — Idaho Code / Title 15 / Chapter 8 / Section 15-8-207
15-8-207 WAIVER OF NOTICE.
Status: in_force

PART 2.

JUDICIAL RESOLUTION

15-8-207. Waiver of notice. Notwithstanding any other provision of this chapter, notice of a hearing does not need to be given to a legally competent person who has waived in writing notice of the hearing in person or by attorney, or who has appeared at the hearing without objecting to the lack of proper notice or personal jurisdiction. The waiver of notice may apply either to a specific hearing or to any and all hearings and proceedings to be held, in which event the waiver of notice is of continuing effect unless subsequently revoked by the filing of a written notice of revocation of the waiver and the mailing of a copy of the notice of revocation of the waiver to the other parties. Unless notice of a hearing is required to be given by publication, if all persons entitled to notice of the hearing waive the notice or appear at the hearing without objecting to the lack of proper notice or personal jurisdiction, the court may hear the matter immediately. A guardian or conservator or a guardian ad litem may make the waivers on behalf of the incapacitated person, and a trustee may make the waivers on behalf of any competent or incapacitated beneficiary of the trust. A consul or other representative of a foreign government, whose appearance has been entered as provided by law on behalf of any person residing in a foreign country, may make the waiver of notice on behalf of the person.

History:

[15-8-207, added 2005, ch. 122, sec. 1, p. 402.]
Idaho Code § 15-8-204 — Idaho Code / Title 15 / Chapter 8 / Section 15-8-204
15-8-204 NOTICE IN JUDICIAL PROCEEDINGS UNDER THIS CHAPTER REQUIRING NOTICE.
Status: in_force

PART 2.

JUDICIAL RESOLUTION

15-8-204. Notice in judicial proceedings under this chapter requiring notice. (1) Subject to section 15-8-207, Idaho Code, in all judicial proceedings under this chapter that require notice, the notice must be personally served on or mailed to all parties or the parties' virtual representatives at least fourteen (14) days before the hearing on the petition, unless a different period is provided by statute or ordered by the court. The date of service shall be determined under the Idaho rules of civil procedure.

(2) Proof of the service or mailing required in this section must be made by affidavit or declaration filed at or before the hearing.

History:

[15-8-204, added 2005, ch. 122, sec. 1, p. 401.]
Idaho Code § 15-3-713 — Idaho Code / Title 15 / Chapter 3 / Section 15-3-713
15-3-713 SALE, ENCUMBRANCE OR TRANSACTION INVOLVING CONFLICT OF INTEREST — VOIDABLE — EXCEPTIONS.
Status: in_force

PART 7.

DUTIES AND POWERS OF PERSONAL REPRESENTATIVES

15-3-713. Sale, encumbrance or transaction involving conflict of interest — Voidable — Exceptions. Any sale or encumbrance to the personal representative, his spouse, agent or attorney, or any corporation or trust in which he has a substantial beneficial interest, or any transaction which is affected by a substantial conflict of interest on the part of the personal representative, is voidable by any person interested in the estate except one (1) who has consented after fair disclosure, unless:

(a) the will or a contract entered into by the decedent expressly authorized the transaction; or

(b) the transaction is approved by the court after notice to interested persons.

History:

[I.C., sec. 15-3-713, as added by 1971, ch. 111, sec. 1, p. 233.]
Idaho Code § 15-12-214 — Idaho Code / Title 15 / Chapter 12 / Section 15-12-214
15-12-214 BENEFITS FROM GOVERNMENTAL PROGRAMS OR CIVIL OR MILITARY SERVICE.
Status: in_force

PART 2.

AUTHORITY

15-12-214. Benefits from governmental programs or civil or military service. (1) In this section, "benefits from governmental programs or civil or military service" means any benefit, program or assistance provided under a statute or governmental regulation including social security, medicare and medicaid.

(2) Unless a power of attorney otherwise provides, language in a power of attorney granting general authority with respect to benefits from governmental programs or civil or military service authorizes the agent to:

(a) Execute vouchers in the name of the principal for allowances and reimbursements payable by the United States or a foreign government or by a state or subdivision of a state to the principal, including allowances and reimbursements for transportation of the individuals described in section 15-12-213(1)(a), Idaho Code, and for shipment of their household effects;

(b) Take possession and order the removal and shipment of property of the principal from a post, warehouse, depot, dock or other place of storage or safekeeping, either governmental or private, and execute and deliver a release, voucher, receipt, bill of lading, shipping ticket, certificate or other instrument for that purpose;

(c) Enroll in, apply for, select, reject, change, amend or discontinue, on the principal's behalf, a benefit or program;

(d) Prepare, file and maintain a claim of the principal for a benefit or assistance, financial or otherwise, to which the principal claims to be entitled under a statute or governmental regulation;

(e) Prosecute, defend, submit to alternative dispute resolution, settle and propose or accept a compromise with respect to any benefit or assistance the principal may be entitled to receive under a statute or governmental regulation; and

(f) Receive the financial proceeds of a claim of the type described in paragraph (d) of this subsection and conserve, invest, disburse or use anything so received for a lawful purpose.

History:

[15-12-214, added 2008, ch. 186, sec. 2, p. 577.]
Idaho Code § 15-3-602 — Idaho Code / Title 15 / Chapter 3 / Section 15-3-602
15-3-602 ACCEPTANCE OF APPOINTMENT — CONSENT TO JURISDICTION.
Status: in_force

PART 6.

PERSONAL REPRESENTATIVE — APPOINTMENT, CONTROL AND TERMINATION OF AUTHORITY

15-3-602. Acceptance of appointment — Consent to jurisdiction. By accepting appointment, a personal representative submits personally to the jurisdiction of the court in any proceeding relating to the estate that may be instituted by any interested person. Notice of any proceeding shall be delivered to the personal representative, or mailed to him by ordinary first class mail at his address as listed in the application or petition for appointment or as thereafter reported to the court and to his address as then known to the petitioner.

History:

[I.C., sec. 15-3-602, as added by 1971, ch. 111, sec. 1, p. 233.]
Idaho Code § 15-13-209 — Idaho Code / Title 15 / Chapter 13 / Section 15-13-209
15-13-209 PROCEEDINGS IN MORE THAN ONE STATE.
Status: in_force

PART 2

JURISDICTION

15-13-209. PROCEEDINGS IN MORE THAN ONE STATE. Except for a petition for the appointment of a guardian in an emergency or issuance of a protective order limited to property located in this state pursuant to section 15–13–204(1)(a) or (1)(b), Idaho Code, if a petition for the appointment of a guardian or issuance of a conservatorship or other protective order is filed in this state and in another state and neither petition has been dismissed or withdrawn, the following rules apply:

(1) If the court in this state has jurisdiction pursuant to section 15–13–203, Idaho Code, it may proceed with the case unless a court in another state acquires jurisdiction pursuant to provisions similar to section 15–13–203, Idaho Code, before the appointment or issuance of the order.

(2) If the court in this state does not have jurisdiction pursuant to section 15–13–203, Idaho Code, whether at the time the petition is filed or at any time before the appointment or issuance of the order, the court shall stay the proceeding and communicate with the court in the other state. If the court in the other state has jurisdiction, the court in this state shall dismiss the petition unless the court in the other state determines that the court in this state is a more appropriate forum.

History:

[15-13-209, added 2011, ch. 36, sec. 1, p. 83.]
Idaho Code § 15-6-110 — Idaho Code / Title 15 / Chapter 6 / Section 15-6-110
15-6-110 FINANCIAL INSTITUTION PROTECTION — PAYMENT OF P.O.D. ACCOUNT.
Status: in_force

PART 1.

MULTIPLE-PARTY ACCOUNTS

15-6-110. Financial institution protection — Payment of P.O.D. account. Any P.O.D. account may be paid, on request, to any original party to the account. Payment may be made, on request, to the P.O.D. payee or to the personal representative or heirs of a deceased P.O.D. payee upon presentation to the financial institution of proof of death showing that the P.O.D. payee survived all persons named as original payees. Payment may be made to the personal representative or heirs of a deceased original payee if proof of death is presented to the financial institution showing that his decedent was the survivor of all other persons named on the account either as an original payee or as P.O.D. payee.

History:

[I.C., sec. 15-6-110, as added by 1971, ch. 111, sec. 1, p. 233.]