reglab/statecodes huggingface dataset:
2023 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.]
2023 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.]
2023 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.]
2023 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.]
2023 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.]
2023 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.]
2023 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.]
2023 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.]
2023 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.]
2023 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.]
2023 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.]
2023 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.]
2023 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.]
2023 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.]
2023 Idaho Code › Title 15 - UNIFORM PROBATE CODE › Chapter 3 - PROBATE OF WILLS AND ADMINISTRATION › Part 4 - FORMAL TESTACY AND APPOINTMENT PROCEEDINGS › Section 15-3-402 - FORMAL TESTACY OR APPOINTMENT PROCEEDINGS — PETITION — CONTENTS.

15-3-402. FORMAL TESTACY OR APPOINTMENT PROCEEDINGS — PETITION — CONTENTS. (a) Petitions for formal probate of a will, or for adjudication of intestacy with or without request for appointment of a personal representative, must be directed to the court, request a judicial order after notice and hearing and contain further statements as indicated in this section. A petition for formal probate of a will:
(1) requests an order as to the testacy of the decedent in relation to a particular instrument which may or may not have been informally probated and determining the heirs;
(2) contains the statements required for informal applications as stated in subsection (a)(1) through (5) of section 15-3-301 of this code, the statements required by subsection (b)(1) and (2) of section 15-3-301 of this code; and
(3) states whether the original of the last will of the decedent is in the possession of the court or accompanies the petition.
(b) If the original will is neither in the possession of the court nor accompanies the petition and no authenticated copy of a will probated in another jurisdiction accompanies the petition, the petition also must state the contents of the will, and indicate that it is lost, destroyed, or otherwise unavailable.
(c) A petition for adjudication of intestacy and appointment of an administrator in intestacy must request a judicial finding and order that the decedent left no will and determining the heirs, contain the statements required by subsection[s] (a) and (d) of section 15-3-301 of this code and indicate whether supervised administration is sought. A petition may request an order determining intestacy and heirs without requesting the appointment of an administrator, in which case, the statements required by subsection (d)(2) of section 15-3-301 of this code may be omitted.
History:
[I.C., sec. 15-3-402, 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 4 - FORMAL TESTACY AND APPOINTMENT PROCEEDINGS › Section 15-3-403 - FORMAL TESTACY PROCEEDING — NOTICE OF HEARING ON PETITION.

15-3-403. FORMAL TESTACY PROCEEDING — NOTICE OF HEARING ON PETITION. (1) Upon commencement of a formal testacy proceeding, the court shall fix a time and place of hearing. Notice shall be given in the manner prescribed by section 15-1-401 of this code by the petitioner to the persons herein enumerated and to any additional person who has filed a demand for notice under section 15-3-204 of this code.
Notice shall be given to the following persons: the surviving spouse, children, and other heirs of the decedent, the devisees and executors named in any will that is being, or has been, probated, or offered for informal or formal probate in the county, or that is known by the petitioner to have been probated, or offered for informal or formal probate elsewhere, and any personal representative of the decedent whose appointment has not been terminated. Notice may be given to other persons.
(2) If it appears by the petition or otherwise that the fact of the death of the alleged decedent may be in doubt, or on the written demand of any interested person, a copy of the notice of the hearing on said petition shall be sent by registered mail to the alleged decedent at his last known address. The court shall direct the petitioner to report the results of, or make and report back concerning, a reasonably diligent search for the alleged decedent in any manner that may seem advisable, including any or all of the following methods:
(a) By inserting in one (1) or more suitable periodicals a notice requesting information from any person having knowledge of the whereabouts of the alleged decedent;
(b) By notifying law enforcement officials and public welfare agencies in appropriate locations of the disappearance of the alleged decedent;
(c) By engaging the services of an investigator. The costs of any search so directed shall be paid by the petitioner if there is no administration or by the estate of the decedent in case there is administration.
History:
[15-3-403, as added by 1971, ch. 111, sec. 1, p. 233; am. 2008, ch. 75, sec. 1, p. 200.]
2023 Idaho Code › Title 15 - UNIFORM PROBATE CODE › Chapter 3 - PROBATE OF WILLS AND ADMINISTRATION › Part 4 - FORMAL TESTACY AND APPOINTMENT PROCEEDINGS › Section 15-3-404 - FORMAL TESTACY PROCEEDINGS — WRITTEN OBJECTIONS TO PROBATE.

15-3-404. FORMAL TESTACY PROCEEDINGS — WRITTEN OBJECTIONS TO PROBATE. Any party to a formal proceeding who opposes the probate of a will for any reason shall state in his pleadings his objections to probate of the will.
History:
[I.C., sec. 15-3-404, 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 4 - FORMAL TESTACY AND APPOINTMENT PROCEEDINGS › Section 15-3-405 - FORMAL TESTACY PROCEEDINGS — UNCONTESTED CASES — HEARINGS AND PROOF.

15-3-405. FORMAL TESTACY PROCEEDINGS — UNCONTESTED CASES — HEARINGS AND PROOF. If a petition in a testacy proceeding is unopposed, the court may order probate or intestacy on the strength of the pleadings if satisfied that the conditions of section 15-3-409 of this Part have been met, or conduct a hearing in open court and require proof of the matters necessary to support the order sought. If evidence concerning execution of the will is necessary, the affidavit or testimony of one (1) of any attesting witnesses to the instrument is sufficient. If the affidavit or testimony of an attesting witness is not available, execution of the will may be proved by other evidence or affidavit.
History:
[I.C., sec. 15-3-405, 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 4 - FORMAL TESTACY AND APPOINTMENT PROCEEDINGS › Section 15-3-406 - FORMAL TESTACY PROCEEDINGS — CONTESTED CASES — TESTIMONY OF ATTESTING WITNESSES.

15-3-406. FORMAL TESTACY PROCEEDINGS — CONTESTED CASES — TESTIMONY OF ATTESTING WITNESSES. (a) If evidence concerning execution of an attested will which is not self-proved is necessary in contested cases, the testimony of at least one (1) of the attesting witnesses, if within the state competent and able to testify, is required. Due execution of an attested or unattested will may be proved by other evidence.
(b) If the will is self-proved, compliance with signature requirements for execution is conclusively presumed and other requirements of execution are presumed subject to rebuttal without the testimony of any witness upon filing the will and the acknowledgment and affidavits annexed or attached thereto, unless there is proof of fraud or forgery.
History:
[I.C., sec. 15-3-406, as added by 1971, ch. 111, sec. 1, p. 233; am. 1972, ch. 201, sec. 12, p. 510.]
2023 Idaho Code › Title 15 - UNIFORM PROBATE CODE › Chapter 3 - PROBATE OF WILLS AND ADMINISTRATION › Part 4 - FORMAL TESTACY AND APPOINTMENT PROCEEDINGS › Section 15-3-407 - FORMAL TESTACY PROCEEDINGS — BURDENS IN CONTESTED CASES.

15-3-407. FORMAL TESTACY PROCEEDINGS — BURDENS IN CONTESTED CASES. In contested cases, petitioners who seek to establish intestacy have the burden of establishing prima facie proof of death, venue, and heirship. Proponents of a will have the burden of establishing prima facie proof of due execution in all cases, and, if they are also petitioners, prima facie proof of death and venue. Contestants of a will have the burden of establishing lack of testamentary intent or capacity, undue influence, fraud, duress, mistake or revocation. Parties have the ultimate burden of persuasion as to matters with respect to which they have the initial burden of proof. If a will is opposed by the petition for probate of a later will revoking the former, it shall be determined first whether the later will is entitled to probate, and if a will is opposed by a petition for a declaration of intestacy, it shall be determined first whether the will is entitled to probate.
History:
[I.C., sec. 15-3-407, 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 4 - FORMAL TESTACY AND APPOINTMENT PROCEEDINGS › Section 15-3-408 - FORMAL TESTACY PROCEEDINGS — WILL CONSTRUCTION — EFFECT OF FINAL ORDER IN ANOTHER JURISDICTION.

15-3-408. FORMAL TESTACY PROCEEDINGS — WILL CONSTRUCTION — EFFECT OF FINAL ORDER IN ANOTHER JURISDICTION. A final order of a court of another state determining testacy, the validity or construction of a will, made in a proceeding involving notice to and an opportunity for contest by all interested persons must be accepted as determinative by the courts of this state if it includes, or is based upon, a finding that the decedent was domiciled at his death in the state where the order was made.
History:
[I.C., sec. 15-3-408, 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 4 - FORMAL TESTACY AND APPOINTMENT PROCEEDINGS › Section 15-3-409 - FORMAL TESTACY PROCEEDINGS — ORDER — FOREIGN WILL — LOST WILL.

15-3-409. FORMAL TESTACY PROCEEDINGS — ORDER — FOREIGN WILL — LOST WILL. After the time required for any notice has expired, upon proof of notice, and after any hearing that may be necessary, if the court finds that the testator is dead, venue is proper and that the proceeding was commenced within the limitation prescribed by section 15-3-108 of this code, it shall determine the decedent’s domicile at death, his heirs and his state of testacy. Any will found to be valid and unrevoked shall be formally probated. Termination of any previous informal appointment of a personal representative, which may be appropriate in view of the relief requested and findings, is governed by section 15-3-612 of this code. The petition shall be dismissed or appropriate amendment allowed if the court is not satisfied that the alleged decedent is dead. A will from a place which does not provide for probate of a will after death, may be proved for probate in this state by a duly authenticated certificate of its legal custodian that the copy introduced is a true copy and that the will has become effective under the law of the other place. When a lost will is established, the provisions thereof must be found by the court and the findings filed and recorded as other wills are filed and recorded.
History:
[I.C., sec. 15-3-409, 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 4 - FORMAL TESTACY AND APPOINTMENT PROCEEDINGS › Section 15-3-410 - FORMAL TESTACY PROCEEDINGS — PROBATE OF MORE THAN ONE INSTRUMENT.

15-3-410. FORMAL TESTACY PROCEEDINGS — PROBATE OF MORE THAN ONE INSTRUMENT. If two (2) or more instruments are offered for probate before a final order is entered in a formal testacy proceeding, more than one (1) instrument may be probated if neither expressly revokes the other or contains provisions which work a total revocation by implication. If more than one (1) instrument is probated, the order shall indicate what provisions control in respect to the nomination of an executor, if any. The order may, but need not, indicate how any provisions of a particular instrument are affected by the other instrument. After a final order in a testacy proceeding has been entered, no petition for probate of any other instrument of the decedent may be entertained, except incident to a petition to vacate or modify a previous probate order and subject to the time limits of section 15-3-412 of this Part.
History:
[I.C., sec. 15-3-410, 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 4 - FORMAL TESTACY AND APPOINTMENT PROCEEDINGS › Section 15-3-411 - FORMAL TESTACY PROCEEDINGS — PARTIAL INTESTACY.

15-3-411. FORMAL TESTACY PROCEEDINGS — PARTIAL INTESTACY. If it becomes evident in the course of a formal testacy proceeding that though one (1) or more instruments are entitled to be probated, the decedent’s estate is or may be partially intestate, the court shall enter an order to that effect.
History:
[I.C., sec. 15-3-411, 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 4 - FORMAL TESTACY AND APPOINTMENT PROCEEDINGS › Section 15-3-413 - FORMAL TESTACY PROCEEDINGS — VACATION OF ORDER FOR OTHER CAUSE.

15-3-413. FORMAL TESTACY PROCEEDINGS — VACATION OF ORDER FOR OTHER CAUSE. For good cause shown, an order in a formal testacy proceeding may be modified or vacated within the time allowed for appeal.
History:
[I.C., sec. 15-3-413, 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 4 - FORMAL TESTACY AND APPOINTMENT PROCEEDINGS › Section 15-3-414 - FORMAL PROCEEDINGS CONCERNING APPOINTMENT OF PERSONAL REPRESENTATIVE.

15-3-414. FORMAL PROCEEDINGS CONCERNING APPOINTMENT OF PERSONAL REPRESENTATIVE. (a) A formal proceeding for adjudication regarding the priority or qualification of one who is an applicant for appointment as personal representative, or of one who previously has been appointed personal representative in informal proceedings, if an issue concerning the testacy of the decedent is or may be involved, is governed by section 15-3-402 of this Part, as well as by this section. In other cases, the petition shall contain or adopt the statements required by subsection (a) of section 15-3-301 of this code and describe the question relating to priority or qualification of the personal representative which is to be resolved. If the proceeding precedes any appointment of a personal representative, it shall stay any pending informal appointment proceedings as well as any commenced thereafter. If the proceeding is commenced after appointment, the previously appointed personal representative, after receipt of notice thereof, shall refrain from exercising any power of administration except as necessary to preserve the estate or unless the court orders otherwise.
(b) After notice to interested persons, including all persons interested in the administration of the estate as successors under the applicable assumption concerning testacy, any previously appointed personal representative and any person having or claiming priority for appointment as personal representative, the court shall determine who is entitled to appointment under section 15-3-203 of this code, make a proper appointment and, if appropriate, terminate any prior appointment found to have been improper as provided in cases of removal under section 15-3-611 of this code.
History:
[I.C., sec. 15-3-414, 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 5 - SUPERVISED ADMINISTRATION › Section 15-3-501 - SUPERVISED ADMINISTRATION — NATURE OF PROCEEDING.

15-3-501. SUPERVISED ADMINISTRATION — NATURE OF PROCEEDING. Supervised administration is a single in rem proceeding to secure complete administration and settlement of a decedent’s estate under the continuing authority of the court which extends until entry of an order approving distribution of the estate and discharging the personal representative or other order terminating the proceeding. A supervised personal representative is responsible to the court, as well as to the interested parties, and is subject to directions concerning the estate made by the court on its own motion or on the motion of any interested party. Except as otherwise provided in this Part, or as otherwise ordered by the court, a supervised personal representative has the same duties and powers as a personal representative who is not supervised.
History:
[I.C., sec. 15-3-501, 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 5 - SUPERVISED ADMINISTRATION › Section 15-3-502 - SUPERVISED ADMINISTRATION — PETITION — ORDER.

15-3-502. SUPERVISED ADMINISTRATION — PETITION — ORDER. A petition for supervised administration may be filed by any interested person or by a personal representative at any time or the prayer for supervised administration may be joined with a petition in a testacy or appointment proceeding. If the testacy of the decedent and the priority and qualification of any personal representative have not been adjudicated previously, the petition for supervised administration shall include the matters required of a petition in a formal testacy proceeding and the notice requirements and procedures applicable to a formal testacy proceeding apply. If not previously adjudicated, the court shall adjudicate the testacy of the decedent and questions relating to the priority and qualifications of the personal representative in any case involving a request for supervised administration, even though the request for supervised administration may be denied. After notice to interested persons, the court shall order supervised administration of a decedent’s estate: (1) if the decedent’s will directs supervised administration, it shall be ordered unless the court finds that circumstances bearing on the need for supervised administration have changed since the execution of the will and that there is no necessity for supervised administration; (2) if the decedent’s will directs unsupervised administration, supervised administration shall be ordered only upon a finding that it is necessary for protection of persons interested in the estate; or (3) in other cases if the court finds that supervised administration is necessary under the circumstances.
History:
[I.C., sec. 15-3-502, 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 5 - SUPERVISED ADMINISTRATION › Section 15-3-503 - SUPERVISED ADMINISTRATION — EFFECT ON OTHER PROCEEDINGS.

15-3-503. SUPERVISED ADMINISTRATION — EFFECT ON OTHER PROCEEDINGS. (a) The pendency of a proceeding for supervised administration of a decedent’s estate stays action on any informal application then pending or thereafter filed.
(b) If a will has been previously probated in informal proceedings, the effect of the filing of a petition for supervised administration is as provided for formal testacy proceedings by section 15-3-401 of this code.
(c) After he has received notice of the filing of a petition for supervised administration, a personal representative who has been appointed previously shall not exercise his power to distribute any estate. The filing of the petition does not affect his other powers and duties unless the court restricts the exercise of any of them pending full hearing on the petition.
History:
[I.C., sec. 15-3-503, 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 5 - SUPERVISED ADMINISTRATION › Section 15-3-504 - SUPERVISED ADMINISTRATION — POWERS OF PERSONAL REPRESENTATIVE.

15-3-504. SUPERVISED ADMINISTRATION — POWERS OF PERSONAL REPRESENTATIVE. Unless restricted by the court, a supervised personal representative has, without interim orders approving exercise of a power, all powers of personal representatives under this code, but he shall not exercise his power to make any distribution of the estate without prior order of the court. Any other restriction on the power of a personal representative which may be ordered by the court must be indorsed on his letters of appointment and, unless so indorsed, is ineffective as to persons dealing in good faith with the personal representative.
History:
[I.C., sec. 15-3-504, 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 5 - SUPERVISED ADMINISTRATION › Section 15-3-505 - SUPERVISED ADMINISTRATION — INTERIM ORDERS — DISTRIBUTION AND CLOSING ORDERS.

15-3-505. SUPERVISED ADMINISTRATION — INTERIM ORDERS — DISTRIBUTION AND CLOSING ORDERS. Unless otherwise ordered by the court, supervised administration is terminated by order in accordance with time restrictions, notices and contents of orders prescribed for proceedings under section 15-3-1001 of this code. Interim orders approving or directing partial distributions or granting other relief may be issued by the court at any time during the pendency of a supervised administration on the application of the personal representative or any interested person.
History:
[I.C., sec. 15-3-505, 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 6 - PERSONAL REPRESENTATIVE — APPOINTMENT, CONTROL AND TERMINATION OF AUTHORITY › Section 15-3-601 - QUALIFICATION.

15-3-601. QUALIFICATION. Prior to receiving letters, a personal representative shall qualify by filing with the appointing court any required bond and a statement of acceptance of the duties of the office. In his statement of acceptance, the personal representative shall subscribe an oath to the effect that he will perform the duties of his office according to the law.
History:
[I.C., sec. 15-3-601, 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 6 - PERSONAL REPRESENTATIVE — APPOINTMENT, CONTROL AND TERMINATION OF AUTHORITY › Section 15-3-602 - ACCEPTANCE OF APPOINTMENT — CONSENT TO JURISDICTION.

15-3-602. ACCEPTANCE OF APPOINTMENT — CONSENT TO JURISDICTION. By accepting appointment, a personal representative submits personally to the jurisdiction of the court in any proceeding relating to the estate that may be instituted by any interested person. Notice of any proceeding shall be delivered to the personal representative, or mailed to him by ordinary first class mail at his address as listed in the application or petition for appointment or as thereafter reported to the court and to his address as then known to the petitioner.
History:
[I.C., sec. 15-3-602, as added by 1971, ch. 111, sec. 1, p. 233.]
2023 Idaho Code › Title 15 - UNIFORM PROBATE CODE › Chapter 3 - PROBATE OF WILLS AND ADMINISTRATION › Part 6 - PERSONAL REPRESENTATIVE — APPOINTMENT, CONTROL AND TERMINATION OF AUTHORITY › Section 15-3-603 - BOND NOT REQUIRED WITHOUT COURT ORDER — EXCEPTIONS.

15-3-603. BOND NOT REQUIRED WITHOUT COURT ORDER — EXCEPTIONS. No bond is required of a personal representative appointed in informal proceedings, except (1) upon the appointment of a special administrator; (2) when an executor or other personal representative is appointed to administer an estate under a will containing an express requirement of bond or (3) when bond is required under section 15-3-605 of this chapter. Bond may be required by court order at the time of appointment of a personal representative appointed in any formal proceeding except that bond is not required of a personal representative appointed in formal proceedings if the will relieves the personal representative of bond, unless bond has been requested by an interested party and the court is satisfied that it is desirable. Bond required by any will may be dispensed with in formal proceedings upon determination by the court that it is not necessary. No bond is required of any personal representative who, pursuant to statute, has deposited cash or collateral with an agency of this state to secure performance of his duties. No bond will be required of any domestic bank or trust company.
History:
[I.C., sec. 15-3-603, 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 6 - PERSONAL REPRESENTATIVE — APPOINTMENT, CONTROL AND TERMINATION OF AUTHORITY › Section 15-3-604 - BOND AMOUNT — SECURITY — PROCEDURE — REDUCTION.

15-3-604. BOND AMOUNT — SECURITY — PROCEDURE — REDUCTION. If bond is required and the provisions of the will or order do not specify the amount, unless stated in his application or petition, the person qualifying shall file a statement under oath with the registrar indicating his best estimate of the value of the personal estate of the decedent and of the income expected from the personal and real estate during the next year, and he shall execute and file a bond with the registrar, or give other suitable security, in an amount not less than the estimate. The registrar shall determine that the bond is duly executed by a corporate surety, or one (1) or more individual sureties whose performance is secured by pledge of personal property, mortgage on real property or other adequate security. The registrar may permit the amount of the bond to be reduced by the value of assets of the estate deposited with a domestic financial institution (as defined in section 15-6-101 of this code) in a manner that prevents their unauthorized disposition. On petition of the personal representative or another interested person the court may excuse a requirement of bond, increase or reduce the amount of the bond, release sureties, or permit the substitution of another bond with the same or different sureties.
History:
[I.C., sec. 15-3-604, 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 6 - PERSONAL REPRESENTATIVE — APPOINTMENT, CONTROL AND TERMINATION OF AUTHORITY › Section 15-3-605 - DEMAND FOR BOND BY INTERESTED PERSON.

15-3-605. DEMAND FOR BOND BY INTERESTED PERSON. Any person apparently having an interest in the estate worth in excess of one thousand dollars ($1,000), or any creditor having a claim in excess of one thousand dollars ($1,000), may make a written demand that a personal representative give bond. The demand must be filed with the clerk of the court and a copy mailed to the personal representative, if appointment and qualification have occurred. Thereupon, bond is required, but the requirement ceases if the person demanding bond ceases to be interested in the estate, or if bond is excused as provided in section 15-3-603 or 15-3-604 of this Part. After he has received notice and until the filing of the bond or cessation of the requirement of bond, the personal representative shall refrain from exercising any powers of his office except as necessary to preserve the estate. Failure of the personal representative to meet a requirement of bond by giving suitable bond within thirty (30) days after receipt of notice is cause for his removal and appointment of a successor personal representative.
History:
[I.C., sec. 15-3-605, as added by 1971, ch. 111, sec. 1, p. 233; am. 1974, ch. 199, sec. 2, p. 1516.]
2023 Idaho Code › Title 15 - UNIFORM PROBATE CODE › Chapter 3 - PROBATE OF WILLS AND ADMINISTRATION › Part 6 - PERSONAL REPRESENTATIVE — APPOINTMENT, CONTROL AND TERMINATION OF AUTHORITY › Section 15-3-606 - TERMS AND CONDITIONS OF BONDS.

15-3-606. TERMS AND CONDITIONS OF BONDS. (a) The following requirements and provisions apply to any bond required by this Part:
(1) Bonds shall name the state of Idaho as obligee for the benefit of the persons interested in the estate and shall be conditioned upon the faithful discharge by the fiduciary of all duties according to law.
(2) Unless otherwise provided by the terms of the approved bond, sureties are jointly and severally liable with the personal representative and with each other. The address of sureties shall be stated in the bond.
(3) By executing an approved bond of a personal representative, the surety consents to the jurisdiction of the probate court which issued letters to the primary obligor in any proceedings pertaining to the fiduciary duties of the personal representative and naming the surety as a party. Notice of any proceeding shall be delivered to the surety or mailed to him by registered or certified mail at his address as listed with the court where the bond is filed and to his address as then known to the petitioner.
(4) On petition of a successor personal representative, any other personal representative of the same decedent, or any interested person, a proceeding in the court may be initiated against a surety for breach of the obligation of the bond of the personal representative.
(5) The bond of the personal representative is not void after the first recovery but may be proceeded against from time to time until the whole penalty is exhausted.
(b) No action or proceeding may be commenced against the surety on any matter as to which an action or proceeding against the primary obligor is barred by adjudication or limitation.
History:
[I.C., sec. 15-3-606, 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 6 - PERSONAL REPRESENTATIVE — APPOINTMENT, CONTROL AND TERMINATION OF AUTHORITY › Section 15-3-607 - ORDER RESTRAINING PERSONAL REPRESENTATIVE.

15-3-607. ORDER RESTRAINING PERSONAL REPRESENTATIVE. (a) On petition of any person who appears to have an interest in the estate, the court by temporary order may restrain a personal representative from performing specified acts of administration, disbursement, or distribution, or exercise of any powers or discharge of any duties of his office, or make any other order to secure proper performance of his duty, if it appears to the court that the personal representative otherwise may take some action which would jeopardize unreasonably the interest of the applicant or of some other interested person. Persons with whom the personal representative may transact business may be made parties.
(b) The matter shall be set for hearing within ten (10) days unless the parties otherwise agree. Notice as the court directs shall be given to the personal representative and his attorney of record, if any, and to any other parties named defendant in the petition.
(c) If any person is suspected of having concealed, embezzled, or smuggled, laid away or disposed of any moneys, goods, or chattels of the decedent or to have in his possession or subject to his knowledge, any deeds, conveyances, bonds, contracts, or other writings, or any personal estate, or any other claim or demand or any last will of the decedent, such person may be ordered to appear, examined on oath and held to account upon such matters.
History:
[I.C., sec. 15-3-607, as added by 1971, ch. 111, sec. 1, p. 233.]