If your spouse died and left everything to you, use a special type of informal probate called Summary Administration.
Who Can Use Informal Probate
Idaho allows a few different forms of informal probate, including summary administration. For summary administration to apply, the surviving spouse must be the only heir. This occurs when a will leaves everything to the survivor or when everything owned was community property. All community property goes to a surviving spouse even if the deceased never had a will. Therefore, you can use summary administration whether or not a will existed.
How to Start Informal Probate
As with many legal matters, you need to file a document with the court. For this type of informal probate, file a Petition for Summary Administration of Estate. Idaho Legal Aid has a form here. You need to pay a fee and provide this information:
- Certified copy of the death certificate
- Copy of the will (if one existed)
- An inventory of everything your spouse owned at the time of death
- Names of “interested persons” who are entitled to notice of a court hearing
Interested persons include people whose rights or interests may be affected by probate proceedings. List people who could be heirs, beneficiaries, or creditors.
Sign your petition with an Idaho notary then submit it to the court in the county where your spouse died.
What Happens Next
The court schedules a hearing and you must send notice of the hearing to those interested persons. If a lawyer represents you, the lawyer can attend the hearing for you. Otherwise, you have to go to the court hearing. If all goes well at the hearing, the court issues a decree which can be recorded to transfer real estate into your name. It removes your deceased spouse’s name from the deed.
On a related note, you get a stepped-up basis in the value of all the assets you inherit. For that reason, you want to get a comparative market analysis of your home from a realtor. You should also record the value of brokerage accounts (stocks, mutual funds, etc.) on the date of your spouse’s death.