Opening probate, for some estates, is the only necessary step. However, there are consequences for skipping the other steps.

I have been writing more about probate lately because I am finally ready to take on informal (uncontested) probate cases. And my research into the Idaho Uniform Probate Code surprised me because many steps are not mandatory.

Opening Probate is the First Step

In simple terms, you need to file the original Will with an application and notify the heirs and devisees what you just did. In practical terms, it encompasses an Application for Informal Probate of Will and Informal Appointment of Personal Representative, an Acceptance of Appointment, a Statement of Informal Probate of Will and Informal Appointment of Personal Representative, Letters Testamentary, and Information to Heirs and Devisees.

Next, you receive official letters from the court. These letters giving you authority to administer the estate of the deceased person. Complete this first step before you do anything else.

Publishing a Notice to Creditors is Not Mandatory

I was surprised to learn that a Personal Representative “may publish a notice to creditors once a week for three (3) successive weeks in a newspaper of general circulation.” Notice the word “may” means optional. If you take this optional step, creditors are barred from presenting claims after 4 months. Skipping this step means someone may come seeking money later. Do you want to take this risk? However, it is an optional step in probate.

Closing Probate is Not Mandatory

You do not have to close probate. Of course, there may be unpleasant consequences. At least six months after your appointment as Personal Representative, file a Verified (Sworn) Statement to close probate. Do this to protect yourself from future lawsuits from disgruntled heirs or devisees. When you close probate, your appointment as Personal Representative terminates in one year. Free and clear after one year. Yet, optional.

Opening Probate with a Lawyer

You almost certainly need a lawyer to assist you with opening probate. Why? Because there are lots of documents to file with the probate court and they are not all available through an internet search. The good news is that I offer probate legal services as an à la carte option. In other words, you can choose to only pay for opening probate and nothing else. Get started by filling out my Probate Questionnaire.