reglab/housing_qa huggingface dataset:
ID Code § 15-3-107 (2021)
2021 Idaho Code|Title 15 - UNIFORM PROBATE CODE|Chapter 3 - PROBATE OF WILLS AND ADMINISTRATION|Part 1 - GENERAL PROVISIONS|Section 15-3-107 - SCOPE OF PROCEEDINGS — PROCEEDINGS INDEPENDENT — EXCEPTION.

15-3-107. SCOPE OF PROCEEDINGS — PROCEEDINGS INDEPENDENT — EXCEPTION. Unless supervised administration as described in Part 5, chapter 3, of this code is involved, (1) each proceeding before the court or registrar is independent of any other proceeding involving the same estate; (2) petitions for formal orders of the court may combine various requests for relief in a single proceeding if the orders sought may be finally granted without delay. Except as required for proceedings which are particularly described by other sections of this chapter, no petition is defective because it fails to embrace all matters which might then be the subject of a final order; (3) proceedings for probate of wills or adjudications of no will may be combined with proceedings for appointment of personal representatives; and (4) a proceeding for appointment of a personal representative is concluded by an order making or declining the appointment.  History: [I.C., sec. 15-3-107, as added by 1971, ch. 111, sec. 1, p. 233.]
ID Code § 15-3-108 (2021)
2021 Idaho Code|Title 15 - UNIFORM PROBATE CODE|Chapter 3 - PROBATE OF WILLS AND ADMINISTRATION|Part 1 - GENERAL PROVISIONS|Section 15-3-108 - PROBATE — TESTACY AND APPOINTMENT PROCEEDINGS — ULTIMATE TIME LIMIT.

15-3-108. PROBATE — TESTACY AND APPOINTMENT PROCEEDINGS — ULTIMATE TIME LIMIT. No informal probate or appointment proceeding or formal testacy or appointment proceeding, other than a proceeding to probate a will previously probated at the testator’s domicile and appointment proceedings relating to an estate in which there has been a prior appointment or proceedings under section 15-3-1201, Idaho Code, or section 15-3-1205, Idaho Code, may be commenced more than three (3) years after the decedent’s death, except:  (1) If a previous proceeding was dismissed because of doubt about the fact of the decedent’s death, appropriate probate, appointment or testacy proceedings may be maintained at any time thereafter upon a finding that the decedent’s death occurred prior to the initiation of the previous proceeding and the applicant or petitioner has not delayed unduly in initiating the subsequent proceeding; (2) Appropriate probate, appointment or testacy proceedings may be maintained in relation to the estate of an absent, disappeared or missing person for whose estate a conservator has been appointed, at any time within three (3) years after the conservator becomes able to establish the death of the protected person; and (3) A proceeding to contest an informally probated will and to secure appointment of the person with legal priority for appointment in the event the contest is successful, may be commenced within the later of twelve (12) months from the informal probate or three (3) years from the decedent’s death. These limitations do not apply to proceedings to construe probated wills or determine heirs of an intestate or to proceedings under section 15-3-1201, Idaho Code, or section 15-3-1205, Idaho Code. In cases under subsection (1) or (2) of this section, the date on which a testacy or appointment proceeding is properly commenced shall be deemed to be the date of the decedent’s death for purposes of other limitations provisions of this code which relate to the date of death.  History: [15-3-108, added 1971, ch. 111, sec. 1, p. 233; am. 2014, ch. 264, sec. 1, p. 659.]
ID Code § 15-3-109 (2021)
2021 Idaho Code|Title 15 - UNIFORM PROBATE CODE|Chapter 3 - PROBATE OF WILLS AND ADMINISTRATION|Part 1 - GENERAL PROVISIONS|Section 15-3-109 - STATUTES OF LIMITATION ON DECEDENT’S CAUSE OF ACTION.

15-3-109. STATUTES OF LIMITATION ON DECEDENT’S CAUSE OF ACTION. No statute of limitation running on a cause of action belonging to a decedent which had not been barred as of the date of his death, shall apply to bar a cause of action surviving the decedent’s death sooner than four (4) months after death. A cause of action which, but for this section, would have been barred less than four (4) months after death, is barred after four (4) months unless tolled.  History: [I.C., sec. 15-3-109, as added by 1971, ch. 111, sec. 1, p. 233.]
ID Code § 15-3-111 (2021)
2021 Idaho Code|Title 15 - UNIFORM PROBATE CODE|Chapter 3 - PROBATE OF WILLS AND ADMINISTRATION|Part 1 - GENERAL PROVISIONS|Section 15-3-111 - JOINT PROBATE ON DEATH OF SURVIVOR OF MARRIAGE DISSOLVED BY DEATH.

15-3-111. JOINT PROBATE ON DEATH OF SURVIVOR OF MARRIAGE DISSOLVED BY DEATH. In cases in which a marital community has been dissolved by the death of either spouse at any time, the survivor was then entitled to all of the property of the decedent by will, law, or both, and the survivor died before any proceeding had been commenced for the probate of the estate of the spouse whose death occurred first, the estates of both decedents may be joined for probate in a single proceeding in any court having jurisdiction of the estate of the spouse whose death occurred last. The three (3) year provision of section 15-3-108, Idaho Code, applies only to the death of the spouse whose death occurred last. The initial application or petition filed in any such joint proceeding shall contain a statement of the facts upon which such joint proceeding is based, in addition to all other statements required by this code to be made therein.  History: [15-3-111, added 1973, ch. 26, sec. 1, p. 50; am. 1995, ch. 168, sec. 1, p. 651.]
ID Code § 15-3-201 (2021)
2021 Idaho Code|Title 15 - UNIFORM PROBATE CODE|Chapter 3 - PROBATE OF WILLS AND ADMINISTRATION|Part 2 - VENUE FOR PROBATE AND ADMINISTRATION — PRIORITY TO ADMINISTER — DEMAND FOR NOTICE|Section 15-3-201 - VENUE FOR FIRST AND SUBSEQUENT ESTATE PROCEEDINGS — LOCATION OF PROPERTY.

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.]
ID Code § 15-3-202 (2021)
2021 Idaho Code|Title 15 - UNIFORM PROBATE CODE|Chapter 3 - PROBATE OF WILLS AND ADMINISTRATION|Part 2 - VENUE FOR PROBATE AND ADMINISTRATION — PRIORITY TO ADMINISTER — DEMAND FOR NOTICE|Section 15-3-202 - APPOINTMENT OR TESTACY PROCEEDINGS — CONFLICTING CLAIM OF DOMICILE IN ANOTHER STATE.

15-3-202. APPOINTMENT OR TESTACY PROCEEDINGS — CONFLICTING CLAIM OF DOMICILE IN ANOTHER STATE. If conflicting claims as to the domicile of a decedent are made in a formal testacy or appointment proceeding commenced in this state, and in a testacy or appointment proceeding after notice pending at the same time in another state, the court of this state must stay, dismiss, or permit suitable amendment in, the proceeding here unless it is determined that the local proceeding was commenced before the proceeding elsewhere. The determination of domicile in the proceeding first commenced must be accepted as determinative in the proceeding in this state.  History: [I.C., sec. 15-3-202, as added by 1971, ch. 111, sec. 1, p. 233.]
ID Code § 15-3-204 (2021)
2021 Idaho Code|Title 15 - UNIFORM PROBATE CODE|Chapter 3 - PROBATE OF WILLS AND ADMINISTRATION|Part 2 - VENUE FOR PROBATE AND ADMINISTRATION — PRIORITY TO ADMINISTER — DEMAND FOR NOTICE|Section 15-3-204 - DEMAND FOR NOTICE OF ORDER OR FILING CONCERNING DECEDENT’S ESTATE.

15-3-204. DEMAND FOR NOTICE OF ORDER OR FILING CONCERNING DECEDENT’S ESTATE. Any person desiring notice of any order or filing pertaining to a decedent’s estate in which he has a financial or property interest, may file a demand for notice with the court at any time after the death of the decedent stating the name of the decedent, the nature of his interest in the estate, and the demandant’s address or that of his attorney. The clerk shall mail a copy of the demand to the personal representative if one has been appointed. After filing of a demand, no order or filing to which the demand relates shall be made or accepted without notice as prescribed in section 15-1-401 of this code to the demandant or his attorney. The validity of an order which is issued or filing which is accepted without compliance with this requirement shall not be affected by the error, but the petitioner receiving the order or the person making the filing may be liable for any damage caused by the absence of notice. The requirement of notice arising from a demand under this provision may be waived in writing by the demandant and shall cease upon the termination of his interest in the estate.  History: [I.C., sec. 15-3-204, as added by 1971, ch. 111, sec. 1, p. 233.]
ID Code § 15-3-302 (2021)
2021 Idaho Code|Title 15 - UNIFORM PROBATE CODE|Chapter 3 - PROBATE OF WILLS AND ADMINISTRATION|Part 3 - INFORMAL PROBATE AND APPOINTMENT PROCEEDINGS|Section 15-3-302 - INFORMAL PROBATE — DUTY OF REGISTRAR — EFFECT OF INFORMAL PROBATE.

15-3-302. INFORMAL PROBATE — DUTY OF REGISTRAR — EFFECT OF INFORMAL PROBATE. Upon receipt of an application requesting informal probate of a will or informal statement of intestacy, the registrar, upon making the findings required by section 15-3-303 of this chapter shall issue a written statement of informal probate if at least five (5) days have elapsed since the decedent’s death. Informal probate is conclusive as to all persons until superseded by an order in a formal testacy proceeding. No defect in the application or procedure relating thereto which leads to informal probate of a will renders the probate void.  History: [I.C., sec. 15-3-302, as added by 1971, ch. 111, sec. 1, p. 233; am. 1971, ch. 126, sec. 1, p. 487; am. 1973, ch. 167, sec. 8, p. 319.]
ID Code § 15-3-303A (2021)
2021 Idaho Code|Title 15 - UNIFORM PROBATE CODE|Chapter 3 - PROBATE OF WILLS AND ADMINISTRATION|Part 3 - INFORMAL PROBATE AND APPOINTMENT PROCEEDINGS|Section 15-3-303A - NOTICE REQUIRED.

15-3-303A. NOTICE REQUIRED. Upon issuance of a statement of informal probate if no letters are issued to a personal representative or determination of heirship of community property, the applicant must give notice to all heirs and devisees of the admission of the will to probate or the determination of heirship of community property. This information shall be sent by ordinary mail to each of the heirs and devisees whose address is reasonably available to the applicant. The applicant shall be responsible to any heir or devisee damaged by failure of the applicant to give proper notice under this section.  History: [I.C., sec. 15-3-303A, as added by 1972, ch. 201, sec. 9, p. 510; am. 1973, ch. 167, sec. 9, p. 319.]
ID Code § 15-3-304 (2021)
2021 Idaho Code|Title 15 - UNIFORM PROBATE CODE|Chapter 3 - PROBATE OF WILLS AND ADMINISTRATION|Part 3 - INFORMAL PROBATE AND APPOINTMENT PROCEEDINGS|Section 15-3-304 - INFORMAL PROBATE — UNAVAILABLE IN CERTAIN CASES.

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.]
ID Code § 15-3-305 (2021)
2021 Idaho Code|Title 15 - UNIFORM PROBATE CODE|Chapter 3 - PROBATE OF WILLS AND ADMINISTRATION|Part 3 - INFORMAL PROBATE AND APPOINTMENT PROCEEDINGS|Section 15-3-305 - INFORMAL PROBATE — REGISTRAR NOT SATISFIED.

15-3-305. INFORMAL PROBATE — REGISTRAR NOT SATISFIED. If the registrar is not satisfied that a will is entitled to be probated in informal proceedings because of failure to meet the requirements of sections 15-3-303 and 15-3-304 of this Part or any other reason, he may decline the application. A declination of informal probate is not an adjudication and does not preclude formal probate proceedings.  History: [I.C., sec. 15-3-305, as added by 1971, ch. 111, sec. 1, p. 233.]
ID Code § 15-3-306 (2021)
2021 Idaho Code|Title 15 - UNIFORM PROBATE CODE|Chapter 3 - PROBATE OF WILLS AND ADMINISTRATION|Part 3 - INFORMAL PROBATE AND APPOINTMENT PROCEEDINGS|Section 15-3-306 - INFORMAL PROBATE — NOTICE REQUIREMENTS.

15-3-306. INFORMAL PROBATE — NOTICE REQUIREMENTS. The moving party must give notice as described by section 15-1-401 of this code of his application for informal probate (1) to any person demanding it pursuant to section 15-3-204 of this code; and (2) to any personal representative of the decedent whose appointment has not been terminated. No other notice of informal probate is required.  History: [I.C., sec. 15-3-306, as added by 1971, ch. 111, sec. 1, p. 233.]
ID Code § 15-3-307 (2021)
2021 Idaho Code|Title 15 - UNIFORM PROBATE CODE|Chapter 3 - PROBATE OF WILLS AND ADMINISTRATION|Part 3 - INFORMAL PROBATE AND APPOINTMENT PROCEEDINGS|Section 15-3-307 - INFORMAL APPOINTMENT PROCEEDINGS — DELAY IN ORDER — DUTY OF REGISTRAR — EFFECT OF APPOINTMENT.

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.]
ID Code § 15-3-308 (2021)
2021 Idaho Code|Title 15 - UNIFORM PROBATE CODE|Chapter 3 - PROBATE OF WILLS AND ADMINISTRATION|Part 3 - INFORMAL PROBATE AND APPOINTMENT PROCEEDINGS|Section 15-3-308 - INFORMAL APPOINTMENT PROCEEDINGS — PROOF AND FINDINGS REQUIRED.

15-3-308. INFORMAL APPOINTMENT PROCEEDINGS — PROOF AND FINDINGS REQUIRED. (a) In informal appointment proceedings, the registrar must determine whether: (1) The application for informal appointment of a personal representative is complete; (2) The applicant has made oath or affirmation that the statements contained in the application are true to the best of his knowledge and belief; (3) The applicant appears from the application to be an interested person as defined in subsection (25) of section 15-1-201, Idaho Code; (4) On the basis of the statements in the application, venue is proper; (5) Any will to which the requested appointment relates has been formally or informally probated; but this requirement does not apply to the appointment of a special administrator; (6) Any notice required by section 15-3-204, Idaho Code, has been given; (7) From the statements in the application, the person whose appointment is sought has priority entitling him to the appointment. (b) Unless section 15-3-612, Idaho Code, controls, the application must be denied if it indicates that a personal representative who has not filed a written statement of resignation as provided in subsection (c) of section 15-3-610, Idaho Code, has been appointed in this or another county of this state, that (unless the applicant is the domiciliary personal representative or his nominee) the decedent was not domiciled in this state, and that a personal representative whose appointment has not been terminated has been appointed by a court in the state of domicile, or that other requirements of this section have not been met.  History: [15-3-308, added 1971, ch. 111, sec. 1, p. 233; am. 1973, ch. 167, sec. 20, p. 319; am. 2020, ch. 82, sec. 4, p. 177.]
ID Code § 15-3-309 (2021)
2021 Idaho Code|Title 15 - UNIFORM PROBATE CODE|Chapter 3 - PROBATE OF WILLS AND ADMINISTRATION|Part 3 - INFORMAL PROBATE AND APPOINTMENT PROCEEDINGS|Section 15-3-309 - INFORMAL APPOINTMENT PROCEEDINGS — REGISTRAR NOT SATISFIED.

15-3-309. INFORMAL APPOINTMENT PROCEEDINGS — REGISTRAR NOT SATISFIED. If the registrar is not satisfied that a requested informal appointment of a personal representative should be made because of failure to meet the requirements of sections 15-3-307 and 15-3-308 of this Part, or for any other reason, he may decline the application. A declination of informal appointment is not an adjudication and does not preclude appointment in formal proceedings.  History: [I.C., sec. 15-3-309, as added by 1971, ch. 111, sec. 1, p. 233.]
ID Code § 15-3-310 (2021)
2021 Idaho Code|Title 15 - UNIFORM PROBATE CODE|Chapter 3 - PROBATE OF WILLS AND ADMINISTRATION|Part 3 - INFORMAL PROBATE AND APPOINTMENT PROCEEDINGS|Section 15-3-310 - INFORMAL APPOINTMENT PROCEEDINGS — NOTICE REQUIREMENTS.

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.]
ID Code § 15-3-311 (2021)
2021 Idaho Code|Title 15 - UNIFORM PROBATE CODE|Chapter 3 - PROBATE OF WILLS AND ADMINISTRATION|Part 3 - INFORMAL PROBATE AND APPOINTMENT PROCEEDINGS|Section 15-3-311 - INFORMAL APPOINTMENT UNAVAILABLE IN CERTAIN CASES.

15-3-311. INFORMAL APPOINTMENT UNAVAILABLE IN CERTAIN CASES. If an application for informal appointment indicates the existence of a possible unrevoked testamentary instrument which may relate to property subject to the laws of this state, and which is not filed for probate in this court, the registrar shall decline the application.  History: [I.C., sec. 15-3-311, as added by 1971, ch. 111, sec. 1, p. 233.]
ID Code § 15-3-401 (2021)
2021 Idaho Code|Title 15 - UNIFORM PROBATE CODE|Chapter 3 - PROBATE OF WILLS AND ADMINISTRATION|Part 4 - FORMAL TESTACY AND APPOINTMENT PROCEEDINGS|Section 15-3-401 - FORMAL TESTACY PROCEEDINGS — NATURE — WHEN COMMENCED.

15-3-401. FORMAL TESTACY PROCEEDINGS — NATURE — WHEN COMMENCED. A formal testacy proceeding is litigation to determine whether a decedent left a valid will. A formal testacy proceeding may be commenced by an interested person filing a petition as described in subsection (a) of section 15-3-402 of this Part in which he requests that the court, after notice and hearing, enter an order probating a will, or a petition to set aside an informal probate of a will or to prevent informal probate of a will which is the subject of a pending application, or to set aside a determination that the entire estate is community and there is a surviving spouse, or a petition in accordance with subsection (c) of section 15-3-402 of this Part for an order that the decedent died intestate. A petition may seek formal probate of a will without regard to whether the same or a conflicting will has been informally probated. A formal testacy proceeding may, but need not, involve a request for appointment of a personal representative. During the pendency of a formal testacy proceeding, the registrar shall not act upon any application for informal probate of any will of the decedent or any application for informal appointment of a personal representative of the decedent. Unless a petition in a formal testacy proceeding also requests confirmation of the previous informal appointment, a previously appointed personal representative, after receipt of notice of the commencement of a formal probate proceeding, must refrain from exercising his power to make any further distribution of the estate during the pendency of the formal proceeding. A petitioner who seeks the appointment of a different personal representative in a formal proceeding also may request an order restraining the acting personal representative from exercising any of the powers of his office and requesting the appointment of a special administrator. In the absence of a request, or if the request is denied, the commencement of a formal proceeding has no effect on the powers and duties of a previously appointed personal representative other than those relating to distribution. By submitting a petition for formal probate the petitioner subjects himself to jurisdiction of the court in which such instrument is filed. Any action by a person damaged by him, including a creditor of the estate, shall be limited in amount to the assets of the estate less the obligations of the estate paid by him. Notice of any proceedings sought to be maintained against the petitioner pursuant to his submission to jurisdiction shall be delivered to him or mailed to him by ordinary first class mail at his address as it is known to the petitioner, or is listed on any application or petition in probate proceedings previously instituted in the court where the proceeding is brought.  History: [I.C., sec. 15-3-401, as added by 1971, ch. 111, sec. 1, p. 233; am. 1972, ch. 201, sec. 11, p. 510.]