[WSBAPT] Idaho ancillary probate?

Fri Apr 19 08:58:19 PDT 2019

Idaho’s ancillary probate procedure is simple and inexpensive.  If you
would be planning to do a Washington probate anyway, I would not let the
fact that an Idaho property exists to affect the planning.  In other words,
don’t go to the expense to create a trust to avoid an Idaho ancillary
probate.

Sincerely,

*Chris J. Moore*
Christopher J. Moore, JD, CPA - Inactive, AEP®, EPLS*
Creason, Moore, Dokken & Geidl, PLLC
Lawyers
1219 Idaho Street,
<https://www.google.com/maps/place/1219+Idaho+St,+Lewiston,+ID+83501/@46.4170263,-117.0192992,17z/data=!3m1!4b1!4m5!3m4!1s0x54a0354b7ccf3e63:0xfee7451c99c186e8!8m2!3d46.4170263!4d-117.0171105>

Lewiston, Idaho 83501
<https://www.google.com/maps/place/1219+Idaho+St,+Lewiston,+ID+83501/@46.4170263,-117.0192992,17z/data=!3m1!4b1!4m5!3m4!1s0x54a0354b7ccf3e63:0xfee7451c99c186e8!8m2!3d46.4170263!4d-117.0171105>
Phone: 208-743-1516; Fax: 208-746-2231
Website: www.cmd-law.com

*Certified as an Estate Planning Law Specialist by the Estate Law
Specialist Board, Inc., the only estate planning certification entity
approved by the ABA and the Idaho State Bar Association.
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*From:* wsbapt-bounces at lists.wsbarppt.com [mailto:
wsbapt-bounces at lists.wsbarppt.com] *On Behalf Of *Stephanie R. Taylor
*Sent:* Friday, April 19, 2019 8:27 AM
*To:* WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
*Subject:* Re: [WSBAPT] Idaho ancillary probate?

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.

*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

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*From:* wsbapt-bounces at lists.wsbarppt.com [
mailto:wsbapt-bounces at lists.wsbarppt.com <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 <jane at jbitzlaw.com>

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*From:* wsbapt-bounces at lists.wsbarppt.com <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>
*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 | Fax *(206) 219-6714*
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