Best Probate Lawyers in Boise

Frequently Asked Questions

• What is the non-emergency contact number for the local police station in Boise, Idaho?

  You can contact the Boise Police Department at (208) 377-6790 for non-emergency cases.

• Where can I get a copy of police reports for incidents related to my case in Boise, Idaho?

  You can obtain a copy of the police report for probate-related incidents by completing an online request at https://acsoforms.adacounty.id.gov/forms/pir or mailing or submitting it in person to the Ada County Sheriff's Office Public Safety Information Center at 7200 Barrister, Boise.

• Can you disinherit someone in a will in Boise?

  Yes, you can disinherit someone in a will in Boise. Under state law, individuals are allowed to disinherit others from their estate. However, you must make the disinheritance clear in your will and state the extent of the disinheritance, such as the assets you are disinheriting an individual from. Since Idaho is a community property state, spouses can only disinherit their partner from an estate if they individually own it.

• What is a personal representative in a probate case in Boise?

  A personal representative in a Boise probate case will be the one in charge of your estate. They are nominated in the will and appointed by the court to handle the estate administration process through probate. Once appointed, they will have the legal authority to gather all possession of the decedent, including properties, money, and assets. The personal representative will also be required to pay all of the decedent’s debts and expenses and distribute the remaining assets to beneficiaries.

• Can a will be contested in Boise?

  Yes, it is possible to contest a will in Boise. Interested parties can challenge a will at any time. However, they must have strong evidence and prove that the will is invalid. Some of the grounds that may render a will invalid include lack of capacity, undue influence, fraud, and improper execution.

• When is probate necessary in Boise?

  In Boise, probate is necessary when a person who passed away owned real estate or assets solely under their name with a total value of $100,000 and does not have a designated beneficiary. If the decedent did not have any real estate and assets valued over $100,000, the surviving family members are no longer required to go through the probate process and can use a small estate affidavit instead.

• Do all assets go through probate in Boise?

  No, not all assets go through probate in Boise. Assets held in a community property agreement, where the surviving spouse automatically becomes the owner upon the other spouse's death, typically bypass probate. Assets with named beneficiaries, such as those held in living trusts, bank accounts with payable-on-death (POD) designations, retirement accounts, and life insurance policies with designated beneficiaries, generally do not need to go through probate.