reglab/statecodes huggingface dataset:
2023 Idaho Code › Title 15 - UNIFORM PROBATE CODE › Chapter 3 - PROBATE OF WILLS AND ADMINISTRATION › Part 8 - CREDITORS’ CLAIMS › Section 15-3-812 - EXECUTION AND LEVIES PROHIBITED.

15-3-812. EXECUTION AND LEVIES PROHIBITED. No execution may issue upon nor may any levy be made against any property of the estate under any judgment against a decedent or a personal representative, but this section shall not be construed to prevent the enforcement of mortgages, pledges or liens upon real or personal property in an appropriate proceeding.
History:
[I.C., sec. 15-3-812, as added by 1971, ch. 111, sec. 1, p. 233.]
2023 Idaho Code › Title 15 - UNIFORM PROBATE CODE › Chapter 3 - PROBATE OF WILLS AND ADMINISTRATION › Part 8 - CREDITORS’ CLAIMS › Section 15-3-813 - COMPROMISE OF CLAIMS.

15-3-813. COMPROMISE OF CLAIMS. When a claim against the estate has been presented in any manner, the personal representative may, if it appears for the best interest of the estate, compromise the claim, whether due or not due, absolute or contingent, liquidated or unliquidated.
History:
[I.C., sec. 15-3-813, as added by 1971, ch. 111, sec. 1, p. 233.]
2023 Idaho Code › Title 15 - UNIFORM PROBATE CODE › Chapter 3 - PROBATE OF WILLS AND ADMINISTRATION › Part 8 - CREDITORS’ CLAIMS › Section 15-3-814 - ENCUMBERED ASSETS.

15-3-814. ENCUMBERED ASSETS. If any assets of the estate are encumbered by mortgage, pledge, lien, or other security interest, the personal representative may pay the encumbrance or any part thereof, renew or extend any obligation secured by the encumbrance or convey or transfer the assets to the creditor in satisfaction of his lien, in whole or in part, whether or not the holder of the encumbrance has presented a claim, if it appears to be for the best interest of the estate. Payment of an encumbrance does not increase the share of the distributee entitled to the encumbered assets unless the distributee is entitled to exoneration.
History:
[I.C., sec. 15-3-814, as added by 1971, ch. 111, sec. 1, p. 233; am. 1978, ch. 350, sec. 13, p. 922.]
2023 Idaho Code › Title 15 - UNIFORM PROBATE CODE › Chapter 3 - PROBATE OF WILLS AND ADMINISTRATION › Part 8 - CREDITORS’ CLAIMS › Section 15-3-815 - ADMINISTRATION IN MORE THAN ONE STATE — DUTY OF PERSONAL REPRESENTATIVE.

15-3-815. ADMINISTRATION IN MORE THAN ONE STATE — DUTY OF PERSONAL REPRESENTATIVE. (a) All assets of estates being administered in this state are subject to all claims, allowances and charges existing or established against the personal representative wherever appointed.
(b) If the estate either in this state or as a whole is insufficient to cover all family exemptions and allowances determined by the law of the decedent’s domicile, prior charges and claims, after satisfaction of the exemptions, allowances and charges, each claimant whose claim has been allowed either in this state or elsewhere in administrations of which the personal representative is aware, is entitled to receive payment of an equal proportion of his claim. If a preference or security in regard to a claim is allowed in another jurisdiction but not in this state, the creditor so benefited is to receive dividends from local assets only upon the balance of his claim after deducting the amount of the benefit.
(c) In case the family exemptions and allowances, prior charges and claims of the entire estate exceed the total value of the portions of the estate being administered separately and this state is not the state of the decedent’s last domicile, the claims allowed in this state shall be paid their proportion if local assets are adequate for the purpose, and the balance of local assets shall be transferred to the domiciliary personal representative. If local assets are not sufficient to pay all claims allowed in this state the amount to which they are entitled, local assets shall be marshalled so that each claim allowed in this state is paid its proportion as far as possible, after taking into account all dividends on claims allowed in this state from assets in other jurisdictions.
History:
[I.C., sec. 15-3-815, as added by 1971, ch. 111, sec. 1, p. 233.]
2023 Idaho Code › Title 15 - UNIFORM PROBATE CODE › Chapter 3 - PROBATE OF WILLS AND ADMINISTRATION › Part 8 - CREDITORS’ CLAIMS › Section 15-3-816 - FINAL DISTRIBUTION TO DOMICILIARY REPRESENTATIVE.

15-3-816. FINAL DISTRIBUTION TO DOMICILIARY REPRESENTATIVE. The estate of a non-resident decedent being administered by a personal representative appointed in this state shall, if there is a personal representative of the decedent’s domicile willing to receive it, be distributed to the domiciliary personal representative for the benefit of the successors of the decedent unless (1) by virtue of the decedent’s will, if any, and applicable choice of law rules, the successors are identified pursuant to the local law of this state without reference to the local law of the decedent’s domicile; (2) the personal representative of this state, after reasonable inquiry, is unaware of the existence or identity of a domiciliary personal representative; or (3) the court orders otherwise in a proceeding for a closing order under section 15-3-1001 of this code or incident to the closing of a supervised administration. In other cases, distribution of the estate of a decedent shall be made in accordance with the other Parts of this chapter.
History:
[I.C., sec. 15-3-816, as added by 1971, ch. 111, sec. 1, p. 233.]
2023 Idaho Code › Title 15 - UNIFORM PROBATE CODE › Chapter 3 - PROBATE OF WILLS AND ADMINISTRATION › Part 8 - CREDITORS’ CLAIMS › Section 15-3-817 - COMMUNITY ESTATES.

15-3-817. COMMUNITY ESTATES. If a community estate is administered as if each decedent survived the other because of application of the simultaneous death act, section 15-2-104 and section 15-2-601 of this code, or the provisions of a will, community debts will be charged ratably to each half of the community estate and separate debts to the estate of the decedent by whom they were incurred.
History:
[I.C., sec. 15-3-817, as added by 1971, ch. 111, sec. 1, p. 233.]
2023 Idaho Code › Title 15 - UNIFORM PROBATE CODE › Chapter 3 - PROBATE OF WILLS AND ADMINISTRATION › Part 9 - SPECIAL PROVISIONS RELATING TO DISTRIBUTION › Section 15-3-901 - SUCCESSORS’ RIGHTS IF NO ADMINISTRATION.

15-3-901. SUCCESSORS’ RIGHTS IF NO ADMINISTRATION. In the absence of administration, the heirs and devisees are entitled to the estate in accordance with the terms of a probated will or the laws of intestate succession. Devisees may establish title by the probated will to devised property. Persons entitled to property by homestead allowance, exemption or intestacy may establish title thereto by proof of the decedent’s ownership, his death, and their relationship to the decedent. Successors take subject to all charges incident to administration, including the claims of creditors and allowances of surviving spouse and dependent children, and subject to the rights of others resulting from abatement, retainer, advancement, and ademption.
History:
[I.C., sec. 15-3-901, as added by 1971, ch. 111, sec. 1, p. 233.]
2023 Idaho Code › Title 15 - UNIFORM PROBATE CODE › Chapter 3 - PROBATE OF WILLS AND ADMINISTRATION › Part 9 - SPECIAL PROVISIONS RELATING TO DISTRIBUTION › Section 15-3-902 - DISTRIBUTION — ORDER IN WHICH ASSETS APPROPRIATED — ABATEMENT.

15-3-902. DISTRIBUTION — ORDER IN WHICH ASSETS APPROPRIATED — ABATEMENT. (a) Except as provided in subsection (b) and except as provided in connection with the share of the surviving spouse who elects to take an elective share, shares of distributees abate, without any preference or priority as between real and personal property, in the following order: (1) property not disposed of by the will; (2) residuary devises; (3) general devises; (4) specific devises. For purposes of abatement, a general devise charged on any specific property or fund is a specific devise to the extent of the value of the property on which it is charged, and upon the failure or insufficiency of the property on which it is charged, a general devise to the extent of the failure or insufficiency. Abatement within each classification is in proportion to the amounts of property each of the beneficiaries would have received if full distribution of the property had been made in accordance with the terms of the will.
(b) If the will expresses an order of abatement, or if the testamentary plan or the express or implied purpose of the devise would be defeated by the order of abatement stated in subsection (a) of this section, the shares of the distributees abate as may be found necessary to give effect to the intention of the testator.
(c) If an estate of a decedent consists partly of separate property and partly of community property, community debts shall be charged to community property and separate debts to separate property. Expenses of administration shall be apportioned and charged against the different kinds of property in proportion to the relative value thereof, except that none of such expenses shall be apportioned or charged to the survivor’s share of the community property.
(d) If the subject of a preferred devise is sold or used incident to administration, abatement shall be achieved by appropriate adjustments in, or contribution from, other interests in the remaining assets.
History:
[I.C., sec. 15-3-902, as added by 1971, ch. 111, sec. 1, p. 233.]
2023 Idaho Code › Title 15 - UNIFORM PROBATE CODE › Chapter 3 - PROBATE OF WILLS AND ADMINISTRATION › Part 9 - SPECIAL PROVISIONS RELATING TO DISTRIBUTION › Section 15-3-903 - RIGHT OF RETAINER.

15-3-903. RIGHT OF RETAINER. The amount of a non-contingent indebtedness of a successor to the estate if due, or its present value if not due, shall be offset against the successor’s interest; but the successor has the benefit of any defense which would be available to him in a direct proceeding for recovery of the debt.
History:
[I.C., sec. 15-3-903, as added by 1971, ch. 111, sec. 1, p. 233.]
2023 Idaho Code › Title 15 - UNIFORM PROBATE CODE › Chapter 3 - PROBATE OF WILLS AND ADMINISTRATION › Part 9 - SPECIAL PROVISIONS RELATING TO DISTRIBUTION › Section 15-3-904 - INTEREST ON GENERAL PECUNIARY DEVISE.

15-3-904. INTEREST ON GENERAL PECUNIARY DEVISE. General pecuniary devises bear interest at the legal rate beginning one (1) year after the first appointment of a personal representative until payment, unless a contrary intent is indicated by the will.
History:
[I.C., sec. 15-3-904, as added by 1971, ch. 111, sec. 1, p. 233.]
2023 Idaho Code › Title 15 - UNIFORM PROBATE CODE › Chapter 3 - PROBATE OF WILLS AND ADMINISTRATION › Part 9 - SPECIAL PROVISIONS RELATING TO DISTRIBUTION › Section 15-3-905 - PENALTY CLAUSE FOR CONTEST.

15-3-905. PENALTY CLAUSE FOR CONTEST. A provision in a will purporting to penalize any interested person for contesting the will or instituting other proceedings relating to the estate is unenforceable if probable cause exists for instituting proceedings.
History:
[I.C., sec. 15-3-905, as added by 1971, ch. 111, sec. 1, p. 233.]
2023 Idaho Code › Title 15 - UNIFORM PROBATE CODE › Chapter 3 - PROBATE OF WILLS AND ADMINISTRATION › Part 9 - SPECIAL PROVISIONS RELATING TO DISTRIBUTION › Section 15-3-906 - DISTRIBUTION IN KIND — VALUATION — METHOD.

15-3-906. DISTRIBUTION IN KIND — VALUATION — METHOD. (a) Unless a contrary intention is indicated by the will, the distributable assets of a decedent’s estate shall be distributed in kind to the extent possible through application of the following provisions:
(1) A specific devisee is entitled to distribution of the thing devised to him, and a spouse or child who has selected particular assets of an estate as provided in section 15-2-403, Idaho Code, shall receive the items selected.
(2) Any homestead or devise payable in money may be satisfied by value in kind provided:
(A) The person entitled to the payment has not demanded payment in cash;
(B) The property distributed in kind is valued at fair market value as of the date of its distribution; and
(C) No residuary devisee has requested that the asset in question remain a part of the residue of the estate.
(3) For the purpose of valuation under paragraph (2), securities regularly traded on recognized exchanges, if distributed in kind, are valued at the price for the last sale of like securities traded on the business day prior to distribution, or if there was no sale on that day, at the median between amounts bid and offered at the close of that day. Assets consisting of sums owed the decedent or the estate by solvent debtors as to which there is no known dispute or defense are valued at the sum due with accrued interest or discounted to the date of distribution. For assets that do not have readily ascertainable values, a valuation as of a date not more than thirty (30) days prior to the date of distribution, if otherwise reasonable, controls. For purposes of facilitating distribution, the personal representative may ascertain the value of the assets as of the time of the proposed distribution in any reasonable way, including the employment of qualified appraisers, even if the assets may have been previously appraised.
(4) The residuary estate shall be distributed in kind if there is no objection to the proposed distribution and it is practicable to distribute undivided interests. In other cases, residuary property may be converted into cash for distribution.
(b) After the probable charges against the estate are known, the personal representative may mail or deliver a proposal for distribution to all persons who have a right to object to the proposed distribution. The right of any distributee to object to the proposed distribution on the basis of the kind or value of asset he is to receive, if not waived earlier in writing, terminates if he fails to object in writing received by the personal representative within thirty (30) days after mailing or delivery of the proposal.
History:
[15-3-906, added 1971, ch. 111, sec. 1, p. 233; am. 2001, ch. 294, sec. 8, p. 1042; am. 2016, ch. 262, sec. 4, p. 683.]
2023 Idaho Code › Title 15 - UNIFORM PROBATE CODE › Chapter 3 - PROBATE OF WILLS AND ADMINISTRATION › Part 9 - SPECIAL PROVISIONS RELATING TO DISTRIBUTION › Section 15-3-907 - DISTRIBUTION IN KIND — EVIDENCE.

15-3-907. DISTRIBUTION IN KIND — EVIDENCE. If distribution in kind is made, the personal representative shall execute an instrument or deed of distribution assigning, transferring or releasing the assets to the distributee as evidence of the distributee’s title to the property.
History:
[I.C., sec. 15-3-907, as added by 1971, ch. 111, sec. 1, p. 233.]
2023 Idaho Code › Title 15 - UNIFORM PROBATE CODE › Chapter 3 - PROBATE OF WILLS AND ADMINISTRATION › Part 9 - SPECIAL PROVISIONS RELATING TO DISTRIBUTION › Section 15-3-907A - DECEASED BENEFICIARY AS HEIR.

15-3-907A. DECEASED BENEFICIARY AS HEIR. (a) If the decedent has left a surviving child or children or issue of children among the persons who are by law entitled to succeed to his estate, and any of them, before the close of administration, has died before reaching the age of eighteen (18) and not having married, no administration of such deceased issue’s estate is necessary, but all the estate which such deceased issue is entitled to receive by inheritance must, without administration, be distributed to the heirs at law of the deceased issue.
(b) If any other heir, legatee, or devisee shall die after the decedent’s death and before distribution, property to which he might be entitled shall be distributed to the representative of his estate or directly to his heirs, legatees or devisees or the persons entitled thereto.
History:
[I.C., sec. 15-3-907A, as added by 1971, ch. 111, sec. 1, p. 233.]
2023 Idaho Code › Title 15 - UNIFORM PROBATE CODE › Chapter 3 - PROBATE OF WILLS AND ADMINISTRATION › Part 9 - SPECIAL PROVISIONS RELATING TO DISTRIBUTION › Section 15-3-908 - DISTRIBUTION — RIGHT OR TITLE OF DISTRIBUTEE.

15-3-908. DISTRIBUTION — RIGHT OR TITLE OF DISTRIBUTEE. Proof that a distributee has received an instrument or deed of distribution of assets in kind, or payment in distribution, from a personal representative, is conclusive evidence that the distributee has succeeded to the interest of the estate in the distributed assets, as against all persons interested in the estate, except that the personal representative may recover the assets or their value if the distribution was improper.
History:
[I.C., sec. 15-3-908, as added by 1971, ch. 111, sec. 1, p. 233.]
2023 Idaho Code › Title 15 - UNIFORM PROBATE CODE › Chapter 3 - PROBATE OF WILLS AND ADMINISTRATION › Part 9 - SPECIAL PROVISIONS RELATING TO DISTRIBUTION › Section 15-3-909 - IMPROPER DISTRIBUTION — LIABILITY OF DISTRIBUTEE.

15-3-909. IMPROPER DISTRIBUTION — LIABILITY OF DISTRIBUTEE. Unless the distribution or payment no longer can be questioned because of adjudication, estoppel, or limitation, a distributee of property improperly distributed or paid, or a claimant who was improperly paid, is liable to return the property improperly received and its income since distribution if he has the property. If he does not have the property, then he is liable to return the value as of the date of disposition of the property improperly received and its income and gain received by him.
History:
[I.C., sec. 15-3-909, as added by 1971, ch. 111, sec. 1, p. 233.]
2023 Idaho Code › Title 15 - UNIFORM PROBATE CODE › Chapter 3 - PROBATE OF WILLS AND ADMINISTRATION › Part 9 - SPECIAL PROVISIONS RELATING TO DISTRIBUTION › Section 15-3-910 - PURCHASERS FROM DISTRIBUTEES PROTECTED.

15-3-910. PURCHASERS FROM DISTRIBUTEES PROTECTED. If property distributed in kind or a security interest therein is acquired for value by a purchaser from, or lender to, a distributee who has received an instrument or deed of distribution from the personal representative, or is so acquired by a purchaser from or lender to a transferee from such distributee, the purchaser or lender takes title free of rights of any interested person in the estate and incurs no personal liability to the estate, or to any interested person, whether or not the distribution was proper or supported by court order and whether or not the authority of the personal representative was terminated prior to execution of the instrument or deed. This section protects a purchaser from or lender to a distributee who, as personal representative, has executed a deed of distribution to himself, as well as a purchaser from or lender to any other distributee or his transferee. To be protected under this provision, a purchaser or lender need not inquire whether a personal representative acted properly in making the distribution in kind, even if the personal representative and the distributee are the same person, or whether the authority of the personal representative had terminated prior to the distribution. Any recorded instrument described in this section shall be prima facie evidence that such transfer was made for value.
History:
[I.C., sec. 15-3-910, as added by 1971, ch. 111, sec. 1, p. 233; am. 1978, ch. 350, sec. 14, p. 922.]
2023 Idaho Code › Title 15 - UNIFORM PROBATE CODE › Chapter 3 - PROBATE OF WILLS AND ADMINISTRATION › Part 9 - SPECIAL PROVISIONS RELATING TO DISTRIBUTION › Section 15-3-911 - PARTITION FOR PURPOSE OF DISTRIBUTION.

15-3-911. PARTITION FOR PURPOSE OF DISTRIBUTION. When two (2) or more heirs or devisees are entitled to distribution of undivided interests in any real or personal property of the estate, the personal representative or one (1) or more of the heirs or devisees may petition the court prior to the formal or informal closing of the estate, to make partition. After notice to the interested heirs or devisees, the court shall partition the property in the same manner as provided by the law for civil actions of partition. The court may direct the personal representative to sell any property which cannot be partitioned without prejudice to the owners and which cannot conveniently be allotted to any one party.
History:
[I.C., sec. 15-3-911, as added by 1971, ch. 111, sec. 1, p. 233.]
2023 Idaho Code › Title 15 - UNIFORM PROBATE CODE › Chapter 3 - PROBATE OF WILLS AND ADMINISTRATION › Part 9 - SPECIAL PROVISIONS RELATING TO DISTRIBUTION › Section 15-3-912 - PRIVATE AGREEMENTS AMONG SUCCESSORS TO DECEDENT BINDING ON PERSONAL REPRESENTATIVE.

15-3-912. PRIVATE AGREEMENTS AMONG SUCCESSORS TO DECEDENT BINDING ON PERSONAL REPRESENTATIVE. Subject to the rights of creditors and taxing authorities, competent successors may agree among themselves to alter the interests, shares, or amounts to which they are entitled under the will of the decedent, or under the laws of intestacy, in any way that they provide in a written contract executed by all who are affected by its provisions. The personal representative shall abide by the terms of the agreement subject to his obligation to administer the estate for the benefit of creditors, to pay all taxes and costs of administration, and to carry out the responsibilities of his office for the benefit of any successors of the decedent who are not parties. Personal representatives of decedent’s [decedents’] estates are not required to see to the performance of trusts if the trustee thereof is another person who is willing to accept the trust. Accordingly, trustees of a testamentary trust are successors for the purposes of this section. Nothing herein relieves trustees of any duties owed to beneficiaries of trusts.
History:
[I.C., sec. 15-3-912, as added by 1971, ch. 111, sec. 1, p. 233.]
2023 Idaho Code › Title 15 - UNIFORM PROBATE CODE › Chapter 3 - PROBATE OF WILLS AND ADMINISTRATION › Part 9 - SPECIAL PROVISIONS RELATING TO DISTRIBUTION › Section 15-3-913 - DISTRIBUTIONS TO TRUSTEE.

15-3-913. DISTRIBUTIONS TO TRUSTEE. (a) Before distributing to a trustee, the personal representative may require that the trust be registered if the state in which it is to be administered provides for registration and that the trustee inform the beneficiaries as provided in section 15-7-303 of this code.
(b) If the trust instrument does not excuse the trustee from giving bond, the personal representative may petition the appropriate court to require that the trustee post bond if he apprehends that distribution might jeopardize the interests of persons who are not able to protect themselves, and he may withhold distribution until the court has acted.
(c) No inference of negligence on the part of the personal representative shall be drawn from his failure to exercise the authority conferred by subsections (a) and (b) of this section.
History:
[I.C., sec. 15-3-913, as added by 1971, ch. 111, sec. 1, p. 233.]
2023 Idaho Code › Title 15 - UNIFORM PROBATE CODE › Chapter 3 - PROBATE OF WILLS AND ADMINISTRATION › Part 9 - SPECIAL PROVISIONS RELATING TO DISTRIBUTION › Section 15-3-914 - DISPOSITION OF UNCLAIMED ASSETS.

15-3-914. DISPOSITION OF UNCLAIMED ASSETS. If an heir, devisee or claimant cannot be found, the personal representative shall distribute the share of the missing person to his trustee if one has been appointed or, if no trustee has been appointed, shall file the report of abandoned property required by section 14-517, Idaho Code, and deliver the property in the manner set forth in section 14-519, Idaho Code.
History:
[15-3-914, as added by 1971, ch. 111, sec. 1, p. 233; am. 1980, ch. 281, sec. 4, p. 751; am. 1984, ch. 36, sec. 5, p. 63; am. 1992, ch. 21, sec. 8, p. 70; am. 2007, ch. 97, sec. 4, p. 282; am. 2012, ch. 215, sec. 4, p. 587.]
2023 Idaho Code › Title 15 - UNIFORM PROBATE CODE › Chapter 3 - PROBATE OF WILLS AND ADMINISTRATION › Part 9 - SPECIAL PROVISIONS RELATING TO DISTRIBUTION › Section 15-3-915 - DISTRIBUTION TO PERSON UNDER DISABILITY.

15-3-915. DISTRIBUTION TO PERSON UNDER DISABILITY. A personal representative may discharge his obligation to distribute to any person under legal disability by distributing to his conservator, or any other person authorized by this code or otherwise to give a valid receipt and discharge for the distribution.
History:
[I.C., sec. 15-3-915, as added by 1971, ch. 111, sec. 1, p. 233.]
2023 Idaho Code › Title 15 - UNIFORM PROBATE CODE › Chapter 3 - PROBATE OF WILLS AND ADMINISTRATION › Part 10 - CLOSING ESTATES › Section 15-3-1001 - FORMAL PROCEEDINGS TERMINATING ADMINISTRATION — TESTATE OR INTESTATE — ORDER OF GENERAL PROTECTION.

15-3-1001. FORMAL PROCEEDINGS TERMINATING ADMINISTRATION — TESTATE OR INTESTATE — ORDER OF GENERAL PROTECTION. (a) A personal representative or any interested person may petition for an order of complete settlement of the estate. The personal representative may petition at any time, and any other interested person may petition after one (1) year from the appointment of the original personal representative except that no petition under this section may be entertained until the time for presenting claims which arose prior to the death of the decedent has expired. The petition may request the court to determine testacy, if not previously determined, to consider the final account or compel or approve an accounting and distribution, to construe any will or determine heirs and adjudicate the final settlement and distribution of the estate. After notice to all interested persons and hearing the court may enter an order or orders, on appropriate conditions, determining the persons entitled to distribution of the estate, and, as circumstances require, approving settlement and directing or approving distribution of the estate and discharging the personal representative from further claim or demand of any interested person.
(b) If one (1) or more heirs or devisees were omitted as parties in, or were not given notice of, a previous formal testacy proceeding, the court, on proper petition for an order of complete settlement of the estate under this section, and after notice to the omitted or unnotified persons and other interested parties determined to be interested on the assumption that the previous order concerning testacy is conclusive as to those given notice of the earlier proceeding, may determine testacy as it affects the omitted persons and confirm or alter the previous order of testacy as it affects all interested persons as appropriate in the light of the new proofs. In the absence of objection by an omitted or unnotified person, evidence received in the original testacy proceeding shall constitute prima facie proof of due execution of any will previously admitted to probate, or of the fact that the decedent left no valid will if the prior proceedings determined this fact.
History:
[I.C., sec. 15-3-1001, as added by 1971, ch. 111, sec. 1, p. 233.]
2023 Idaho Code › Title 15 - UNIFORM PROBATE CODE › Chapter 3 - PROBATE OF WILLS AND ADMINISTRATION › Part 10 - CLOSING ESTATES › Section 15-3-1002 - FORMAL PROCEEDINGS TERMINATING TESTATE ADMINISTRATION — ORDER CONSTRUING WILL WITHOUT ADJUDICATING TESTACY.

15-3-1002. FORMAL PROCEEDINGS TERMINATING TESTATE ADMINISTRATION — ORDER CONSTRUING WILL WITHOUT ADJUDICATING TESTACY. A personal representative administering an estate under an informally probated will or any devisee under an informally probated will may petition for an order of settlement of the estate which will not adjudicate the testacy status of the decedent. The personal representative may petition at any time, and a devisee may petition after one (1) year, from the appointment of the original personal representative, except that no petition under this section may be entertained until the time for presenting claims which arose prior to the death of the decedent has expired. The petition may request the court to consider the final account or compel or approve an accounting and distribution, to construe the will and adjudicate final settlement and distribution of the estate. After notice to all devisees and the personal representative and hearing, the court may enter an order or orders, on appropriate conditions, determining the persons entitled to distribution of the estate under the will, and, as circumstances require, approving settlement and directing or approving distribution of the estate and discharging the personal representative from further claim or demand of any devisee who is a party to the proceeding and those he represents. If it appears that a part of the estate is intestate, the proceedings shall be dismissed or amendments made to meet the provisions of section 15-3-1001 of this Part.
History:
[I.C., sec. 15-3-1002, as added by 1971, ch. 111, sec. 1, p. 233.]
2023 Idaho Code › Title 15 - UNIFORM PROBATE CODE › Chapter 3 - PROBATE OF WILLS AND ADMINISTRATION › Part 10 - CLOSING ESTATES › Section 15-3-1003 - CLOSING ESTATES — BY SWORN STATEMENT OF PERSONAL REPRESENTATIVE.

15-3-1003. CLOSING ESTATES — BY SWORN STATEMENT OF PERSONAL REPRESENTATIVE. (a) Unless prohibited by order of the court and except for estates being administered in supervised administration proceedings, a personal representative may close an estate by filing with the court no earlier than six (6) months after the date of original appointment of a general personal representative for the estate, a verified statement stating that he, or a previous personal representative whom he has succeeded, has or have:
(1) determined that the time limitation for presentation of creditors’ claims has expired;
(2) fully administered the estate of the decedent by making payment, settlement or other disposition of all claims that were presented, expenses of administration and estate, inheritance and other death taxes, except as specified in the statement, and that the assets of the estate have been distributed to the persons entitled. If any claims remain undischarged, the statement must state whether the personal representative has distributed the estate subject to possible liability with the agreement of the distributees or state in detail other arrangements that have been made to accommodate outstanding liabilities; and
(3) sent a copy thereof to all distributees of the estate and to all creditors or other claimants of whom he is aware whose claims are neither paid nor barred and has furnished a full account in writing of his administration to the distributees whose interests are affected thereby.
(b) If no proceedings involving the personal representative are pending in the court one (1) year after the closing statement is filed, the appointment of the personal representative terminates.
History:
[I.C., sec. 15-3-1003, as added by 1971, ch. 111, sec. 1, p. 233; am. 1991, ch. 87, sec. 6, p. 194.]
2023 Idaho Code › Title 15 - UNIFORM PROBATE CODE › Chapter 3 - PROBATE OF WILLS AND ADMINISTRATION › Part 10 - CLOSING ESTATES › Section 15-3-1004 - LIABILITY OF DISTRIBUTEES TO CLAIMANTS.

15-3-1004. LIABILITY OF DISTRIBUTEES TO CLAIMANTS. After assets of an estate have been distributed and subject to section 15-3-1006, Idaho Code, an undischarged claim not barred may be prosecuted in a proceeding against one (1) or more distributees. No distributee shall be liable to claimants for amounts received as exempt property or homestead, or for amounts in excess of the value of his distribution as of the time of distribution. As between distributees, each shall bear the cost of satisfaction of unbarred claims as if the claim had been satisfied in the course of administration. Any distributee who shall have failed to notify other distributees of the demand made upon him by the claimant in sufficient time to permit them to join in any proceeding in which the claim was asserted against him loses his right of contribution against other distributees.
History:
[15-3-1004, added 1971, ch. 111, sec. 1, p. 233; am. 1978, ch. 350, sec. 15, p. 923; am. 2016, ch. 262, sec. 5, p. 684.]
2023 Idaho Code › Title 15 - UNIFORM PROBATE CODE › Chapter 3 - PROBATE OF WILLS AND ADMINISTRATION › Part 10 - CLOSING ESTATES › Section 15-3-1005 - LIMITATIONS ON PROCEEDINGS AGAINST PERSONAL REPRESENTATIVE.

15-3-1005. LIMITATIONS ON PROCEEDINGS AGAINST PERSONAL REPRESENTATIVE. Unless previously barred by adjudication and except as provided in the closing statement, the rights of successors and of creditors whose claims have not otherwise been barred against the personal representative for breach of fiduciary duty are barred unless a proceeding to assert the same is commenced within six (6) months after the filing of the closing statement. The rights thus barred do not include rights to recover from a personal representative for fraud, misrepresentation, or inadequate disclosure related to the settlement of the decedent’s estate.
History:
[I.C., sec. 15-3-1005, as added by 1971, ch. 111, sec. 1, p. 233.]
2023 Idaho Code › Title 15 - UNIFORM PROBATE CODE › Chapter 3 - PROBATE OF WILLS AND ADMINISTRATION › Part 10 - CLOSING ESTATES › Section 15-3-1006 - LIMITATIONS ON ACTIONS AND PROCEEDINGS AGAINST DISTRIBUTEES.

15-3-1006. LIMITATIONS ON ACTIONS AND PROCEEDINGS AGAINST DISTRIBUTEES. Unless previously adjudicated in a formal testacy proceeding or in a proceeding settling the accounts of a personal representative or otherwise barred, the claim of any claimant to recover from a distributee who is liable to pay the claim, and the right of any heir or devisee, or of a successor personal representative acting in their behalf, to recover property improperly distributed or the value thereof from any distributee is forever barred at the later of (i) three (3) years after the decedent’s death; or (ii) one (1) year after the time of distribution thereof, except if the claim is by a creditor of the decedent, it is forever barred three (3) years after the decedent’s death. This section does not bar an action to recover property or value received as the result of fraud, or an action commenced by the state tax commission to collect state taxes.
History:
[15-3-1006, added 1971, ch. 111, sec. 1, p. 233; am. 1991, ch. 87, sec. 7, p. 195; am. 1997, ch. 113, sec. 3, p. 280; am. 2014, ch. 134, sec. 2, p. 370.]
2023 Idaho Code › Title 15 - UNIFORM PROBATE CODE › Chapter 3 - PROBATE OF WILLS AND ADMINISTRATION › Part 10 - CLOSING ESTATES › Section 15-3-1007 - CERTIFICATE DISCHARGING LIENS SECURING FIDUCIARY PERFORMANCE.

15-3-1007. CERTIFICATE DISCHARGING LIENS SECURING FIDUCIARY PERFORMANCE. After his appointment has terminated, the personal representative, his sureties, or any successor of either, upon the filing of a verified application showing, so far as is known by the applicant, that no action concerning the estate is pending in any court, is entitled to receive a certificate from the registrar that the personal representative appears to have fully administered the estate in question. The certificate evidences discharge of any lien on any property given to secure the obligation of the personal representative in lieu of bond or any surety, but does not preclude action against the personal representative or the surety.
History:
[I.C., sec. 15-3-1007, as added by 1971, ch. 111, sec. 1, p. 233.]
2023 Idaho Code › Title 15 - UNIFORM PROBATE CODE › Chapter 3 - PROBATE OF WILLS AND ADMINISTRATION › Part 10 - CLOSING ESTATES › Section 15-3-1008 - SUBSEQUENT ADMINISTRATION.

15-3-1008. SUBSEQUENT ADMINISTRATION. If other property of the estate is discovered after an estate has been settled and the personal representative discharged or after one (1) year after a closing statement has been filed, the court upon petition of any interested person and upon notice as it directs may appoint the same or a successor personal representative to administer the subsequently discovered estate. If a new appointment is made, unless the court orders otherwise, the provisions of this code apply as appropriate; but no claim previously barred may be asserted in the subsequent administration.
History:
[I.C., sec. 15-3-1008, as added by 1971, ch. 111, sec. 1, p. 233.]
2023 Idaho Code › Title 15 - UNIFORM PROBATE CODE › Chapter 3 - PROBATE OF WILLS AND ADMINISTRATION › Part 10 - CLOSING ESTATES › Section 15-3-1009 - DECREE OF DISTRIBUTION TO ATTORNEY GENERAL.

15-3-1009. DECREE OF DISTRIBUTION TO ATTORNEY GENERAL. Whenever any estate involves, or may involve, a charitable trust, the court shall at the time of distribution of said estate forward to the attorney general of the state of Idaho a certified copy of said decree of distribution of the estate which involves or may involve said charitable trust.
History:
[I.C., sec. 15-3-1009, as added by 1972, ch. 201, sec. 15, p. 510.]
2023 Idaho Code › Title 15 - UNIFORM PROBATE CODE › Chapter 3 - PROBATE OF WILLS AND ADMINISTRATION › Part 11 - COMPROMISE OF CONTROVERSIES › Section 15-3-1101 - EFFECT OF APPROVAL OF AGREEMENTS INVOLVING TRUSTS, INALIENABLE INTERESTS, OR INTERESTS OF THIRD PERSONS.

15-3-1101. EFFECT OF APPROVAL OF AGREEMENTS INVOLVING TRUSTS, INALIENABLE INTERESTS, OR INTERESTS OF THIRD PERSONS. A compromise of any controversy as to admission to probate of any instrument offered for formal probate as the will of a decedent, the construction, validity, or effect of any probated will, the rights or interests in the estate of the decedent, of any successor, or the administration of the estate, if approved in a formal proceeding in the court for that purpose, is binding on all the parties thereto including those unborn, unascertained or who could not be located. An approved compromise is binding even though it may effect a trust or an inalienable interest. A compromise does not impair the rights of creditors or of taxing authorities who are not parties to it.
History:
[I.C., sec. 15-3-1101, as added by 1971, ch. 111, sec. 1, p. 233.]
2023 Idaho Code › Title 15 - UNIFORM PROBATE CODE › Chapter 3 - PROBATE OF WILLS AND ADMINISTRATION › Part 11 - COMPROMISE OF CONTROVERSIES › Section 15-3-1102 - PROCEDURE FOR SECURING COURT APPROVAL OF COMPROMISE.

15-3-1102. PROCEDURE FOR SECURING COURT APPROVAL OF COMPROMISE. The procedure for securing court approval of a compromise is as follows:
(a) The terms of the compromise shall be set forth in an agreement in writing which shall be executed by all competent persons and parents acting for any minor child having beneficial interests or having claims which will or may be affected by the compromise. Execution is not required by any person whose identity cannot be ascertained or whose whereabouts is unknown and cannot reasonably be ascertained.
(b) Any interested person, including the personal representative or a trustee, then may submit the agreement to the court for its approval and for execution by the personal representative, the trustee of every affected testamentary trust, and other fiduciaries and representatives.
(c) After notice to all interested persons or their representatives, including the personal representative of the estate and all affected trustees of trusts, the court, if it finds that the contest or controversy is in good faith and that the effect of the agreement upon the interests of persons represented by fiduciaries or other representatives is just and reasonable, shall make an order approving the agreement and directing all fiduciaries under its supervision to execute the agreement. Minor children represented only by their parents may be bound only if their parents join with other competent persons in execution of the compromise. Upon the making of the order and the execution of the agreement, all further disposition of the estate is in accordance with the terms of the agreement.
History:
[I.C., sec. 15-3-1102, as added by 1971, ch. 111, sec. 1, p. 233.]
2023 Idaho Code › Title 15 - UNIFORM PROBATE CODE › Chapter 3 - PROBATE OF WILLS AND ADMINISTRATION › Part 12 - COLLECTION OF PERSONAL PROPERTY BY AFFIDAVIT AND SUMMARY ADMINISTRATION PROCEDURE FOR SMALL ESTATES › Section 15-3-1201 - COLLECTION OF PERSONAL PROPERTY BY AFFIDAVIT.

15-3-1201. COLLECTION OF PERSONAL PROPERTY BY AFFIDAVIT. (a) Thirty (30) days after the death of a decedent, any person indebted to the decedent or having possession of tangible personal property or an instrument evidencing a debt, obligation, stock or chose in action belonging to the decedent shall make payment of the indebtedness or deliver the tangible personal property or an instrument evidencing a debt, obligation, stock or chose in action to a person or entity claiming to be the successor of the decedent upon being presented an affidavit made by or on behalf of the successor stating that:
(1) The fair market value of the entire estate of the decedent which is subject to probate, wherever located, less liens and encumbrances, does not exceed one hundred thousand dollars ($100,000);
(2) Thirty (30) days have elapsed since the death of the decedent;
(3) No application or petition for the appointment of a personal representative or for summary administration is pending or has been granted in any jurisdiction; and
(4) The claiming successor is entitled to payment or delivery of the property, including entitlement as a trust pursuant to a will of the decedent.
(b) A transfer agent of any security shall change the registered ownership on the books of a corporation from the decedent to the successor or successors upon the presentation of an affidavit as provided in subsection (a) of this section.
(c) For the purposes of this section, for the recovery of medical assistance, the department of health and welfare shall be deemed a successor to the estate provided:
(1) Prior to the presentation of the affidavit, the department shall give notice, by regular mail, to any person known to the department to be an heir, successor or creditor of the estate, and the department shall certify such notice in writing to the person described in subsection (a) of this section.
(2) Within sixty (60) days of mailing the notice, any person who claims the right to reimbursement for priority estate expenses, as permitted by section 15-3-805(a)(1) through (4), Idaho Code, may submit a written demand for payment of such expenses, together with any documentation of the expenses, to the department. Upon receipt of the funds, and up to the amount received, the department shall pay priority claims which it determines would be allowed in a probate proceeding, if any. The department shall notify each claimant of the disposition of his claim. The provisions of chapter 52, title 67, Idaho Code, shall apply to determinations made by the department under this section.
History:
[15-3-1201, as added by 1971, ch. 111, sec. 1, p. 233; am. 1993, ch. 253, sec. 1, p. 879; am. 1995, ch. 167, sec. 1, p. 650; am. 1997, ch. 212, sec. 1, p. 631; am. 2002, ch. 216, sec. 1, p. 595; am. 2006, ch. 160, sec. 1, p. 480; am. 2006, ch. 179, sec. 1, p. 553.]
2023 Idaho Code › Title 15 - UNIFORM PROBATE CODE › Chapter 3 - PROBATE OF WILLS AND ADMINISTRATION › Part 12 - COLLECTION OF PERSONAL PROPERTY BY AFFIDAVIT AND SUMMARY ADMINISTRATION PROCEDURE FOR SMALL ESTATES › Section 15-3-1202 - EFFECT OF AFFIDAVIT.

15-3-1202. EFFECT OF AFFIDAVIT. The person paying, delivering, transferring, or issuing personal property or the evidence thereof pursuant to affidavit is discharged and released to the same extent as if he dealt with a personal representative of the decedent. He is not required to see to the application of the personal property or evidence thereof or to inquire into the truth of any statement in the affidavit. If any person to whom an affidavit is delivered refuses to pay, deliver, transfer, or issue any personal property or evidence thereof, it may be recovered or its payment, delivery, transfer, or issuance compelled upon proof of their right in a proceeding brought for the purpose by or on behalf of the persons entitled thereto. Any person to whom payment, delivery, transfer or issuance is made is answerable and accountable therefor to any personal representative of the estate or to any other person having a superior right.
History:
[I.C., sec. 15-3-1202, as added by 1971, ch. 111, sec. 1, p. 233.]
2023 Idaho Code › Title 15 - UNIFORM PROBATE CODE › Chapter 3 - PROBATE OF WILLS AND ADMINISTRATION › Part 12 - COLLECTION OF PERSONAL PROPERTY BY AFFIDAVIT AND SUMMARY ADMINISTRATION PROCEDURE FOR SMALL ESTATES › Section 15-3-1203 - SMALL ESTATES — SUMMARY ADMINISTRATIVE PROCEDURE.

15-3-1203. SMALL ESTATES — SUMMARY ADMINISTRATIVE PROCEDURE. If it appears from the inventory and appraisal that the value of the entire estate, less liens and encumbrances, does not exceed homestead allowance, exempt property, costs and expenses of administration, reasonable funeral expenses, and reasonable and necessary medical and hospital expenses of the last illness of the decedent, the personal representative, without giving notice to creditors, may immediately disburse and distribute the estate to the persons entitled thereto and file a closing statement as provided in section 15-3-1204 of this part.
History:
[15-3-1203, added 1971, ch. 111, sec. 1, p. 233; am. 2014, ch. 134, sec. 3, p. 370.]
2023 Idaho Code › Title 15 - UNIFORM PROBATE CODE › Chapter 3 - PROBATE OF WILLS AND ADMINISTRATION › Part 12 - COLLECTION OF PERSONAL PROPERTY BY AFFIDAVIT AND SUMMARY ADMINISTRATION PROCEDURE FOR SMALL ESTATES › Section 15-3-1204 - SMALL ESTATES — CLOSING BY SWORN STATEMENT OF PERSONAL REPRESENTATIVE.

15-3-1204. SMALL ESTATES — CLOSING BY SWORN STATEMENT OF PERSONAL REPRESENTATIVE. (a) Unless prohibited by order of the court and except for estates being administered by supervised personal representatives, a personal representative may close an estate administered under the summary procedures of section 15-3-1203 of this part by filing with the court, at any time after disbursement and distribution of the estate, a verified statement that:
(1) To the best knowledge of the personal representative, the value of the entire estate, less liens and encumbrances, did not exceed homestead allowance, exempt property, costs and expenses of administration, reasonable funeral expenses, and reasonable, necessary medical and hospital expenses of the last illness of the decedent;
(2) The personal representative has fully administered the estate by disbursing and distributing it to the persons entitled thereto; and
(3) The personal representative has sent a copy of the closing statement to all distributees of the estate and to all creditors or other claimants of whom he is aware whose claims are neither paid nor barred and has furnished a full account in writing of his administration to the distributees whose interests are affected.
(b) If no actions or proceedings involving the personal representative are pending in the court one (1) year after the closing statement is filed, the appointment of the personal representative terminates.
(c) A closing statement filed under this section has the same effect as one filed under section 15-3-1003 of this code.
History:
[15-3-1204, added 1971, ch. 111, sec. 1, p. 233; am. 2014, ch. 134, sec. 4, p. 370.]