reglab/housing_qa huggingface dataset:
ID Code § 15-2-603 (2021)
2021 Idaho Code|Title 15 - UNIFORM PROBATE CODE|Chapter 2 - INTESTATE SUCCESSION — WILLS|Part 6 - RULES OF CONSTRUCTION|Section 15-2-603 - RULES OF CONSTRUCTION AND INTENTION.

15-2-603. RULES OF CONSTRUCTION AND INTENTION. The intention of a testator as expressed in his will controls the legal effect of his dispositions. The rules of construction expressed in the succeeding sections of this Part apply unless a contrary intention is indicated by the will.  History: [I.C., sec. 15-2-603, as added by 1971, ch. 111, sec. 1, p. 233.]
ID Code § 15-2-604 (2021)
2021 Idaho Code|Title 15 - UNIFORM PROBATE CODE|Chapter 2 - INTESTATE SUCCESSION — WILLS|Part 6 - RULES OF CONSTRUCTION|Section 15-2-604 - CONSTRUCTION THAT WILL PASSES ALL PROPERTY — AFTER-ACQUIRED PROPERTY.

15-2-604. CONSTRUCTION THAT WILL PASSES ALL PROPERTY — AFTER-ACQUIRED PROPERTY. A will is construed to pass all property which the testator owns at his death including property acquired after the execution of the will.  History: [I.C., sec. 15-2-604, as added by 1971, ch. 111, sec. 1, p. 233.]
ID Code § 15-2-605 (2021)
2021 Idaho Code|Title 15 - UNIFORM PROBATE CODE|Chapter 2 - INTESTATE SUCCESSION — WILLS|Part 6 - RULES OF CONSTRUCTION|Section 15-2-605 - ANTI-LAPSE — DECEASED DEVISEE — CLASS GIFTS.

15-2-605. ANTI-LAPSE — DECEASED DEVISEE — CLASS GIFTS. If a devisee who is a grandparent or a lineal descendant of a grandparent of the testator is dead at the time of execution of the will, fails to survive the testator, or is treated as if he predeceased the testator, the issue of the deceased devisee who survive the testator by one hundred twenty (120) hours take in place of the deceased devisee and if they are all of the same degree of kinship to the devisee they take equally, but if of unequal degree then those of more remote degree take by representation. One who would have been a devisee under a class gift if he had survived the testator is treated as a devisee for purposes of this section whether his death occurred before or after the execution of the will.  History: [I.C., sec. 15-2-605, as added by 1971, ch. 111, sec. 1, p. 233.]
ID Code § 15-2-606 (2021)
2021 Idaho Code|Title 15 - UNIFORM PROBATE CODE|Chapter 2 - INTESTATE SUCCESSION — WILLS|Part 6 - RULES OF CONSTRUCTION|Section 15-2-606 - FAILURE OF TESTAMENTARY PROVISION.

15-2-606. FAILURE OF TESTAMENTARY PROVISION. (a) Except as provided in section 15-2-605 of this Part, if a devise other than a residuary devise fails for any reason, it becomes a part of the residue. (b) Except as provided in section 15-2-605 of this Part, if the residue is devised to two (2) or more persons and the share of one (1) of the residuary devisees fails for any reason, his share passes to the other residuary devisee, or to other residuary devisees in proportion to their interests in the residue.  History: [I.C., sec. 15-2-606, as added by 1971, ch. 111, sec. 1, p. 233.]
ID Code § 15-2-607 (2021)
2021 Idaho Code|Title 15 - UNIFORM PROBATE CODE|Chapter 2 - INTESTATE SUCCESSION — WILLS|Part 6 - RULES OF CONSTRUCTION|Section 15-2-607 - CHANGE IN SECURITIES — ACCESSIONS — NONADEMPTION.

15-2-607. CHANGE IN SECURITIES — ACCESSIONS — NONADEMPTION. (a) If the testator intended a specific devise of certain securities rather than the equivalent value thereof, the specific devisee is entitled only to: (1) as much of the devised securities as is a part of the estate at the time of the testator’s death; (2) any additional or other securities of the same entity owned by the testator by reason of action initiated by the entity excluding any acquired by exercise of purchase options; (3) securities of another entity owned by the testator as a result of a merger, consolidation, reorganization or other similar action initiated by the entity; and (4) any additional securities of the entity owned by the testator as a result of a plan of reinvestment if it is a regulated investment company. (b) Distributions prior to death with respect to a specifically devised security not provided for in subsection (a) of this section are not part of the specific devise.  History: [I.C., sec. 15-2-607, as added by 1971, ch. 111, sec. 1, p. 233.]
ID Code § 15-2-608 (2021)
2021 Idaho Code|Title 15 - UNIFORM PROBATE CODE|Chapter 2 - INTESTATE SUCCESSION — WILLS|Part 6 - RULES OF CONSTRUCTION|Section 15-2-608 - NONADEMPTION OF SPECIFIC DEVISES IN CERTAIN CASES — UNPAID PROCEEDS OF SALE, CONDEMNATION OR INSURANCE — SALE BY CONSERVATOR.

15-2-608. NONADEMPTION OF SPECIFIC DEVISES IN CERTAIN CASES — UNPAID PROCEEDS OF SALE, CONDEMNATION OR INSURANCE — SALE BY CONSERVATOR. (a) A specified devisee has the right to the remaining specifically devised property and: (1) Any balance of the purchase price (together with any security interest) owing from a purchaser to the testator at death by reason of sale of the property; (2) Any amount of a condemnation award for the taking of the property unpaid at death; (3) Any proceeds unpaid at death on fire or casualty insurance on the property; and (4) Property owned by testator at his death as a result of foreclosure, or obtained in lieu of foreclosure, of the security for a specifically devised obligation. (b) If specifically devised property is sold by a conservator, or if a condemnation award or insurance proceeds are paid to a conservator as a result of condemnation, fire, or casualty, the specific devisee has the right to a general pecuniary devise equal to the net sale price, the condemnation award, or the insurance proceeds. This subsection does not apply if subsequent to the sale, condemnation or casualty, it is adjudicated that the disability of the testator has ceased and the testator survives the adjudication by one (1) year. The right of the specific devisee, under this subsection is reduced by any right he has under subsection (a) of this section.  History: [15-2-608, added 1978, ch. 350, sec. 9, p. 918.]
ID Code § 15-2-609 (2021)
2021 Idaho Code|Title 15 - UNIFORM PROBATE CODE|Chapter 2 - INTESTATE SUCCESSION — WILLS|Part 6 - RULES OF CONSTRUCTION|Section 15-2-609 - NONEXONERATION.

15-2-609. NONEXONERATION. A specific devise passes subject to any security interest existing at the date of death, without right of exoneration, regardless of a general directive in the will to pay debts.  History: [I.C., sec. 15-2-609, as added by 1971, ch. 111, sec. 1, p. 233.]
ID Code § 15-2-610 (2021)
2021 Idaho Code|Title 15 - UNIFORM PROBATE CODE|Chapter 2 - INTESTATE SUCCESSION — WILLS|Part 6 - RULES OF CONSTRUCTION|Section 15-2-610 - EXERCISE OF POWER OF APPOINTMENT.

15-2-610. EXERCISE OF POWER OF APPOINTMENT. A general residuary clause in a will, or a will making general disposition of all of the testator’s property, does not exercise a power of appointment held by the testator unless specific reference is made to the power or there is some other indication of intention to include the property subject to the power.  History: [I.C., sec. 15-2-610, as added by 1971, ch. 111, sec. 1, p. 233.]
ID Code § 15-2-611 (2021)
2021 Idaho Code|Title 15 - UNIFORM PROBATE CODE|Chapter 2 - INTESTATE SUCCESSION — WILLS|Part 6 - RULES OF CONSTRUCTION|Section 15-2-611 - CONSTRUCTION OF GENERIC TERMS TO ACCORD WITH RELATIONSHIPS AS DEFINED FOR INTESTATE SUCCESSION.

15-2-611. CONSTRUCTION OF GENERIC TERMS TO ACCORD WITH RELATIONSHIPS AS DEFINED FOR INTESTATE SUCCESSION. Half bloods, adopted persons and persons born out of wedlock are included in class gift terminology and terms of relationship in accordance with rules for determining relationships for purposes of intestate succession, but a person born out of wedlock is not treated as the child of the father unless the person is openly and notoriously so treated by the father.  History: [I.C., sec. 15-2-611, as added by 1971, ch. 111, sec. 1, p. 233.]
ID Code § 15-2-612 (2021)
2021 Idaho Code|Title 15 - UNIFORM PROBATE CODE|Chapter 2 - INTESTATE SUCCESSION — WILLS|Part 6 - RULES OF CONSTRUCTION|Section 15-2-612 - ADEMPTION BY SATISFACTION.

15-2-612. ADEMPTION BY SATISFACTION. Property which a testator gave in his lifetime to a person is treated as a satisfaction of a devise to that person in whole or in part, only if the will provides for deduction of the lifetime gift, or the testator declares in a contemporaneous writing that the gift is to be deducted from the devise or is in satisfaction of the devise, or the devisee acknowledges in writing that the gift is in satisfaction. For purpose of partial satisfaction, property given during lifetime is valued as of the time the devisee came into possession or enjoyment of the property or as of the time of death of the testator, whichever occurs first.  History: [I.C., sec. 15-2-612, as added by 1971, ch. 111, sec. 1, p. 233.]
ID Code § 15-2-613 (2021)
2021 Idaho Code|Title 15 - UNIFORM PROBATE CODE|Chapter 2 - INTESTATE SUCCESSION — WILLS|Part 6 - RULES OF CONSTRUCTION|Section 15-2-613 - SIMULTANEOUS DEATH — DISPOSITION OF PROPERTY.

15-2-613. SIMULTANEOUS DEATH — DISPOSITION OF PROPERTY. Subject to extension by the provisions of section 15-2-104 and section 15-2-601 of this code, where the title to property or the devolution thereof depends upon priority of death and there is no sufficient evidence that the persons have died otherwise than simultaneously, the property of each person shall be distributed as if he had survived, except as otherwise provided in this section. (a) Where two (2) or more beneficiaries are designated to take successively by reason of survivorship under another person’s distribution of property and there is no sufficient evidence that these beneficiaries have died otherwise than simultaneously, the property thus disposed of shall be divided into as many equal portions as there are successive beneficiaries and these portions shall be distributed respectively to those who would have taken in the event that each designated beneficiary had survived. (b) Where there is no sufficient evidence that two (2) joint tenants have died otherwise than simultaneously, the property so held shall be distributed one-half (1/2) as if one had survived and one-half (1/2) as if the other had survived. If there are more than two (2) joint tenants and all of them have so died, the property thus distributed shall be in the proportion that one bears to the whole number of joint tenants. (c) Where the insured and the beneficiary in a policy of life or accident insurance have died and there is no sufficient evidence that they have died otherwise than simultaneously, the proceeds of the policy shall be distributed as if the insured had survived the beneficiary. (d) This section shall not apply in the case of wills, living trusts, deeds, or contracts of insurance, wherein provision has been made for distribution of property different from the provisions of the section. (e) This section shall be so construed and interpreted as to effectuate its general purpose to make uniform the law in those states which enact it. (f) This section may be cited as the "uniform simultaneous death act."  History: [I.C., sec. 15-2-613, as added by 1971, ch. 111, sec. 1, p. 233.]
ID Code § 15-2-614 (2021)
2021 Idaho Code|Title 15 - UNIFORM PROBATE CODE|Chapter 2 - INTESTATE SUCCESSION — WILLS|Part 6 - RULES OF CONSTRUCTION|Section 15-2-614 - EFFECT OF DEVISE.

15-2-614. EFFECT OF DEVISE. Every devise in any will conveys all of the estate of the devisor therein which he could lawfully devise, unless it clearly appears by the will that he intended to convey a lesser estate.  History: [I.C., sec. 15-2-614, as added by 1971, ch. 111, sec. 1, p. 233.]
ID Code § 15-2-616 (2021)
2021 Idaho Code|Title 15 - UNIFORM PROBATE CODE|Chapter 2 - INTESTATE SUCCESSION — WILLS|Part 6 - RULES OF CONSTRUCTION|Section 15-2-616 - RESTRICTION ON DEVISES TO NURSING HOME OR RESIDENTIAL OR ASSISTED LIVING FACILITY OPERATORS.

15-2-616. RESTRICTION ON DEVISES TO NURSING HOME OR RESIDENTIAL OR ASSISTED LIVING FACILITY OPERATORS. A devise or bequest involving either real or personal property, directly or indirectly, to any person who owns, operates or is employed at a nursing home, residential or assisted living facility or any home, including the testator’s home, whether or not licensed, in which the testator was a resident within one (1) year of his death shall be presumed to have been the result of undue influence, rebuttable by clear and convincing evidence. This section shall apply to all property passing by testate succession after July 1, 1983, regardless of when the will was written; provided, this section shall in no way limit or affect the rights of a beneficiary who is related to the testator, or who is a charitable or benevolent society or corporation; provided further that the foregoing limitations shall not apply to wills of persons whose death is caused by accidental means and whose wills are executed prior to the accident which results in death.  History: [15-2-616, added 1983, ch. 236, sec. 1, p. 642; am. 1989, ch. 193, sec. 1, p. 475; am. 1994, ch. 350, sec. 1, p. 1110; am. 2000, ch. 274, sec. 1, p. 801.]
ID Code § 15-2-701 (2021)
2021 Idaho Code|Title 15 - UNIFORM PROBATE CODE|Chapter 2 - INTESTATE SUCCESSION — WILLS|Part 7 - CONTRACTUAL ARRANGEMENTS RELATING TO DEATH|Section 15-2-701 - CONTRACTS CONCERNING SUCCESSION.

15-2-701. CONTRACTS CONCERNING SUCCESSION. A contract to make a will or devise, or not to revoke a will or devise, or to die intestate, if executed after the effective date of this act, can be established only by (1) provisions of a will stating material provisions of the contract; (2) an express reference in a will to a contract and extrinsic evidence proving the terms of the contract; or (3) a writing signed by the decedent evidencing the contract. The execution of a joint will or mutual wills does not create a presumption of a contract not to revoke the will or wills.  History: [I.C., sec. 15-2-701, as added by 1971, ch. 111, sec. 1, p. 233.]
ID Code § 15-2-802 (2021)
2021 Idaho Code|Title 15 - UNIFORM PROBATE CODE|Chapter 2 - INTESTATE SUCCESSION — WILLS|Part 8 - GENERAL PROVISIONS|Section 15-2-802 - EFFECT OF DIVORCE, ANNULMENT, AND DECREE OF SEPARATION.

15-2-802. EFFECT OF DIVORCE, ANNULMENT, AND DECREE OF SEPARATION. (a) An individual who is divorced from the decedent or whose marriage to the decedent has been annulled is not a surviving spouse unless, by virtue of a subsequent marriage, he is married to the decedent at the time of death. A decree of separation which does not terminate the status of husband and wife is not a divorce for purposes of this section. (b) For purposes of parts 1, 2, 3 and 4 of this chapter and of section 15-3-203 of this code, a surviving spouse does not include: (1) An individual who obtains or consents to a final decree or judgment of divorce from the decedent or an annulment of their marriage, which decree or judgment is not recognized as valid in this state, unless they subsequently participate in a marriage ceremony purporting to marry each to the other, or live together as man and wife; (2) An individual who, following an invalid decree or judgment of divorce or annulment obtained by the decedent, participates in a marriage ceremony with a third person; or (3) An individual who was a party to a valid proceeding concluded by an order purporting to terminate all marital property rights.  History: [15-2-802, added 1971, ch. 111, sec. 1, p. 233; am. 1973, ch. 167, sec. 7, p. 319; am. 2016, ch. 362, sec. 1, p. 1068.]
ID Code § 15-2-902 (2021)
2021 Idaho Code|Title 15 - UNIFORM PROBATE CODE|Chapter 2 - INTESTATE SUCCESSION — WILLS|Part 9 - CUSTODY AND DEPOSIT OF WILLS|Section 15-2-902 - DUTY OF CUSTODIAN OF WILL — LIABILITY.

15-2-902. DUTY OF CUSTODIAN OF WILL — LIABILITY. After the death of the testator, any person having custody of a will of the testator shall deliver it with reasonable promptness to a person able to secure its probate and if none is known, to an appropriate court. Any person who willfully fails to deliver a will is liable to any person aggrieved for the damages which may be sustained by the failure. Any person who willfully refuses or fails to deliver a will after being ordered by the court in a proceeding brought for the purpose of compelling delivery is subject to penalty for contempt of court.  History: [I.C., sec. 15-2-902, as added by 1971, ch. 111, sec. 1, p. 233.]
ID Code § 15-2-1001 (2021)
2021 Idaho Code|Title 15 - UNIFORM PROBATE CODE|Chapter 2 - INTESTATE SUCCESSION — WILLS|Part 10 - WILL REGISTRY|Section 15-2-1001 - WILL REGISTRY.

15-2-1001. WILL REGISTRY. The secretary of state shall create and maintain a will registry. The information contained in such registry shall include: the full name of the person making the will; the date the will was made; and sufficient identification of the location of the will at the time of registration. The method of registration shall be on a form required by the secretary of state. The fee for registration shall be ten dollars ($10.00) which shall be deposited by the secretary of state in the general fund. The secretary of state shall not be liable in any way for the accuracy of the information contained in the registry. The existence, or nonexistence, of a registration for a particular will shall not be considered as an evidentiary fact in any proceeding relating to such will. The failure to file information about a will in the registry shall not be a factor in the validity of the will, nor shall the failure to file be considered as malpractice on the part of any attorney as to the will. Only interested persons as defined in section 15-1-201, Idaho Code, or their attorneys may search the records contained herein. The secretary of state shall not be liable for the accuracy of the representation of the interested person or the interested person’s attorney.  History: [15-2-1001, added 2000, ch. 181, sec. 1, p. 450.]
ID Code § 15-3-101 (2021)
2021 Idaho Code|Title 15 - UNIFORM PROBATE CODE|Chapter 3 - PROBATE OF WILLS AND ADMINISTRATION|Part 1 - GENERAL PROVISIONS|Section 15-3-101 - DEVOLUTION OF ESTATE AT DEATH — RESTRICTIONS.

15-3-101. DEVOLUTION OF ESTATE AT DEATH — RESTRICTIONS. The power of a person to leave property by will, and the rights of creditors, devisees, and heirs to his property are subject to the restrictions and limitations contained in this code to facilitate the prompt settlement of estates. Upon the death of a person, his separate property devolves to the persons to whom it is devised by his last will, or to those indicated as substitutes for them in cases involving lapse, renunciation or other circumstances affecting the devolution of testate estates, or in the absence of testamentary disposition to his heirs, or to those indicated as substitutes for them in cases involving renunciation or other circumstances affecting the devolution of intestate estates, and upon the death of a husband or wife, the decedent’s share of their community property devolves to the persons to whom it is devised by his last will, or in the absence of testamentary disposition, to the surviving spouse, but all of their community property which is under the management and control of the decedent is subject to his debts and administration, and that portion of their community property which is not under the management and control of the decedent but which is necessary to carry out the provisions of his will is subject to administration; but the devolution of all the above described property is subject to rights to homestead allowance, exempt property, to renunciation to rights of creditors, elective share of the surviving spouse and to administration.  History: [15-3-101, added 1971, ch. 111, sec. 1, p. 233; am. 2014, ch. 134, sec. 1, p. 369.]
ID Code § 15-3-102 (2021)
2021 Idaho Code|Title 15 - UNIFORM PROBATE CODE|Chapter 3 - PROBATE OF WILLS AND ADMINISTRATION|Part 1 - GENERAL PROVISIONS|Section 15-3-102 - NECESSITY OF ORDER OF PROBATE FOR WILL.

15-3-102. NECESSITY OF ORDER OF PROBATE FOR WILL. Except as provided in section 15-3-1201 of this code, to be effective to prove the transfer of any property or to nominate an executor, a will must be declared to be valid by an order of informal probate by the registrar, or an adjudication of probate by the court, except that a duly executed and unrevoked will which has not been probated may be admitted as evidence of a devise if (1) no court proceeding concerning the succession or administration of the estate has occurred, and (2) either the devisee or his successors and assigns possessed the property devised in accordance with the provisions of the will, or the property devised was not possessed or claimed by anyone by virtue of the decedent’s title during the time period for testacy proceedings.  History: [I.C., sec. 15-3-102, as added by 1971, ch. 111, sec. 1, p. 233.]
ID Code § 15-3-103 (2021)
2021 Idaho Code|Title 15 - UNIFORM PROBATE CODE|Chapter 3 - PROBATE OF WILLS AND ADMINISTRATION|Part 1 - GENERAL PROVISIONS|Section 15-3-103 - NECESSITY OF APPOINTMENT FOR ADMINISTRATION.

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.]
ID Code § 15-3-104 (2021)
2021 Idaho Code|Title 15 - UNIFORM PROBATE CODE|Chapter 3 - PROBATE OF WILLS AND ADMINISTRATION|Part 1 - GENERAL PROVISIONS|Section 15-3-104 - CLAIMS AGAINST DECEDENT — NECESSITY OF ADMINISTRATION.

15-3-104. CLAIMS AGAINST DECEDENT — NECESSITY OF ADMINISTRATION. No proceeding to enforce a claim against the estate of a decedent or his successors may be revived or commenced before the appointment of a personal representative. After the appointment and until distribution, all proceedings and actions to enforce a claim against the estate are governed by the procedure prescribed by this chapter. After distribution a creditor whose claim has not been barred may recover from the distributees as provided in section 15-3-1004 of this code or from a former personal representative individually liable as provided in section 15-3-1005 of this code. This section has no application to a proceeding by a secured creditor of the decedent to enforce his right to his security except as to any deficiency judgment which might be sought therein.  History: [I.C., sec. 15-3-104, as added by 1971, ch. 111, sec. 1, p. 233.]
ID Code § 15-3-105 (2021)
2021 Idaho Code|Title 15 - UNIFORM PROBATE CODE|Chapter 3 - PROBATE OF WILLS AND ADMINISTRATION|Part 1 - GENERAL PROVISIONS|Section 15-3-105 - PROCEEDINGS AFFECTING DEVOLUTION AND ADMINISTRATION — JURISDICTION OF SUBJECT MATTER.

15-3-105. PROCEEDINGS AFFECTING DEVOLUTION AND ADMINISTRATION — JURISDICTION OF SUBJECT MATTER. Persons interested in decedents’ estates may apply to the registrar for determination in the informal proceedings provided in this chapter, and may petition the court for orders in formal proceedings within the court’s jurisdiction including but not limited to those described in this chapter. The court has exclusive jurisdiction of formal proceedings to determine how decedents’ estates subject to the laws of this state are to be administered, expended and distributed.  History: [I.C., sec. 15-3-105, as added by 1971, ch. 111, sec. 1, p. 233.]
ID Code § 15-3-106 (2021)
2021 Idaho Code|Title 15 - UNIFORM PROBATE CODE|Chapter 3 - PROBATE OF WILLS AND ADMINISTRATION|Part 1 - GENERAL PROVISIONS|Section 15-3-106 - CIVIL LITIGATION — NOTICE.

15-3-106. CIVIL LITIGATION — NOTICE. Subject to general rules concerning the proper location of civil litigation and jurisdiction of persons, the court may herein determine any other controversy concerning a succession or to which an estate, through a personal representative, may be a party. Persons notified are bound though less than all interested persons may have been given notice.  History: [I.C., sec. 15-3-106, as added by 1971, ch. 111, sec. 1, p. 233.]