At Foley Freeman, PLLC, our Eagle probate lawyers invest the time, resources, and attention to detail to provide personalized legal guidance and support that our clients can rely on when it matters most. We have extensive experience with probate law in Ada County. If you have any questions about a probate law issue, we are here as a legal resource. Contact us today to arrange your completely confidential, no obligation initial consultation. 

Understanding Probate in Ada County

When someone passes away, their property and debts must be handled through probate. In Eagle, ID probate is governed by the Idaho Uniform Probate Code as set forth in Title 15. It is a legal process with many technical rules and regulations. The court oversees the process to make sure assets are transferred correctly and creditors are paid. Some estates require a formal court process, while others qualify for a simplified procedure. Here is an overview of probate in Eagle: 

  • Jurisdiction: Probate starts when a petition is filed in the county where the person lived. For Eagle residents, that means the Ada County district court. As a general rule, the executor named in the will should open probate. If they do not, someone else can. 
  • Appointment of  Personal Representative: The judge in probate court must appoint a personal representative. He or she takes on the role of managing the estate. If there is a valid will, the executor named in that document usually assumes the responsibility. If there is no will, another trusted person can be appointed. 
  • Notice to All Interested Parties: Idaho law requires notice to family members and creditors. Creditors then have four months to submit claims. The personal representative decides whether claims are valid and pays those that are.
  • Administration of the Estate: Next, the representative gathers and protects assets, pays debts, and distributes property to heirs or beneficiaries. They must act in the best interests of the estate and its rightful beneficiaries. 
  • Closing the Estate: An estate is closed once the court accepts a final report and discharges the representative. At that point, the authority of the representative ends. All claims must be resolved and all assets must be transferred before probate is officially over in Idaho. 

Note: Idaho law has simplified probate procedures for small estates without a serious conflict. If an estate in Eagle has less than $100,000 in personal property, it may qualify for an informal probate process using a small estate affidavit to transfer assets. 

Why Trust the Eagle Probate Lawyers at Foley Freeman

Probate is notoriously complex. You may be confused about many different aspects of the process. At Foley Freeman, PLLC, we are a solutions-focused, community-oriented law firm with extensive experience handling probate matters in Ada County. You can learn more about the firm and reach out to us directly with any specific questions or concerns. Among other things, our Eagle, ID probate lawyers are ready to: 

  • Hear what you have to say and answer your probate law questions;
  • Explain your rights, responsibilities, and options; 
  • Handle all probate-related legal paperwork and filing requirements; and
  • Develop a personalized strategy focused on getting the best outcome. 

Probate in Eagle: Frequently Asked Questions (FAQs)

How much does probate cost in Eagle, Idaho?

It depends. The cost of probate in Ada County is different based on many factors. Some notable things that need to be considered include the size of the estate and whether there is a dispute over any material issues. Probate fees can include court filing fees, attorney’s fees, and other administrative expenses. If you have questions about costs, our Eagle probate lawyer can help. 

Can probate be contested in Idaho?

Yes, absolutely. Probate can be contested in Idaho. While most estates are not challenged in probate, it is also not a rare thing. Heirs may challenge the validity of a will, the actions of the personal representative, or how assets are distributed. 

Is probate different for small estates in Idaho?

Yes. Small estates can often use a simplified process. If the estate’s personal property is valued at less than $100,000, heirs may collect assets using an affidavit. It is a faster, easier process. In other words, probate can be avoided for a small estate in Eagle unless there is a dispute. 

Contact Our Eagle Probate Law Attorney Today

At Foley Freeman, PLLC, our Eagle probate lawyers are loyal, trustworthy, and devoted to professional representation. If you are navigating a probate law matter, we are here to help you determine the best course of action. Contact us today for a strictly confidential, no obligation initial consultation. We provide probate law services in Eagle and throughout all of Ada County.