[WSBAPT] Idaho ancillary probate?

Fri Apr 19 08:27:26 PDT 2019

Idaho probates are incredibly easy.  Note, however, that Idaho does have a law that provides that in most instances a probate must be initiated within three years of the Decedent's date of death (I.C. 15-3-108).  We have had to deal with this statute on several occasions when the surviving spouse just continued utilizing the property without bothering to transfer title through probate.

[cid:image002.gif at 01D4F689.B73FC830]Stephanie R. Taylor
             Attorney

Randall | Danskin
 A Professional Service Corporation
601 W. Riverside Avenue, Ste. 1500
Spokane, WA 99201
(509) 747-2052
(509) 624-2528 (fax)
www.randalldanskin.com<http://www.randalldanskin.com>
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From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Jane Bitz
Sent: Thursday, April 18, 2019 6:06 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Idaho ancillary probate?

My experience has been with Idaho real estate (usually waterfront) owned by WA residents. We have had low cost and fast Ancillary Probates where the documents are filed, the Order signed, Letters issued and the Deed filed on the same day. Probably less expensive than the cost of creating a stand-alone RLT to hold the real estate and avoid ancillary probate. We include ancillary powers in the powers for the PR in our Wills, but have had no issue with Wills that don't specifically mention the Idaho real estate or ancillary powers drafted by others.

Jane Bitz

Jane G Bitz
Of Counsel
Wolff, Hislop & Crockett, PLLC
12209 E Mission, Suite 5
Spokane Valley WA 99206-4824
(509) 927-9700; FAX (509) 777-1800
jbitz at whc-attorneys.com<mailto:jane at jbitzlaw.com>
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From: wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com> <wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com>> On Behalf Of Adrienne Keith Wills
Sent: Thursday, April 18, 2019 3:23 PM
To: 'WSBA Probate & Trust Listserv' <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: [WSBAPT] Idaho ancillary probate?

Hi again Listmates:
I have a Washington client who owns a second home in Idaho.  We're evaluating what makes sense for him.  I was hoping to get information from this listserv on relative ease/difficulty and set of considerations re: an Idaho probate.

Thanks in advance!  Adrienne
--
Adrienne Keith Wills, Attorney/Mediator
Helping family law and estate planning clients create their legacy

1700 Seventh Ave, Suite 2100 | Seattle, WA  98101
Web:  www.AdrienneKeith.com<http://www.adriennekeith.com/> | Tel. (206) 523-3047<tel:%28206%29%20523-3047> | Fax (206) 219-6714

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