Application For Appointment As Trustee

There are all sorts of forms executors, beneficiaries, and probate court clerks have to fill out and correspond with during probate and estate settlement, including affidavits, letters, petitions, summons, orders, and notices.

Application For Appointment As Trustee is a commonly used form within Idaho. Here’s an overview of what the form is and means, including a breakdown of the situations when (or why) you may need to use it:

Atticus Fast Facts About Application For Appointment As Trustee

Sometimes it’s tough to find a quick summary— here’s the important details you should know about Application For Appointment As Trustee:

• This form pertains to the State of Idaho

Government forms are not typically updated often, though when they are, it often happens rather quietly. While Atticus works hard to keep this information about Idaho’s Form IUPC079 - Application For Appointment As Trustee up to date, certain details can change from time-to-time with little or no communication.

Step 1 - Download the correct Idaho form based on the name and ID if applicable

Double check that you have both the correct form name and the correct form ID. Some Idaho probate forms can look remarkably similar, so it’s best to double, even triple-check that you’re using the right one! Keep in mind that not all States have a standardized Form ID system for their probate forms.

Step 2 - Complete the Document

Fill out all relevant fields in Form IUPC079, take a break, and then review. Probate and estate settlement processes in ID are long enough to begin with, and making a silly error can push your timeline even farther back. No thank you!

Note: If you don’t currently know all of the answers and are accessing Form IUPC079 online, be sure to avoid closing the browser tab and potentially losing all your progress (or use a platform like Atticus to help avoid making mistakes).

Step 3 - Have Form IUPC079 witnessed or notarized (if required)

Some States and situations require particular forms to be notarized. If you have been instructed to get the document notarized or see it in writing on the document, then make sure to hire a local notary. There are max notary fees in the United States that are defined and set by local law. Take a look at our full guide to notary fees to make sure you aren’t overpaying or getting ripped off.

Step 4 - Submit Application For Appointment As Trustee to the relevant office

This is most often the local probate court where the decedent (person who passed away) is domiciled (permanently resides) or the institution involved with this particular form (e.g. a bank). Some offices allow you to submit forms online, other’s don’t, and we while we generally recommend going in-person to expedite the process, sometimes that simply isn’t an option.

It’s also a generally good idea to establish a positive working relationship with any probate clerk (unfortunately there’s enough people & process out there making things more difficult and unnecessarily confusing for them), so a best practice is to simply ask the probate clerk proactively exactly how and where they’d prefer you to submit all forms.

Need help getting in touch with a local probate court or identifying a domicile probate jurisdiction?

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Different probate forms or processes can require different deadlines or response times for completing the appropriate form.

While some steps in the process are bound to specific deadlines (like petitioning for probate, having to submit an inventory of assets, or filing applicable notices to creditors and beneficiaries), many probate forms or processes are not tied to a specific deadline since the scope of work can vary based on situational factors or requirements involved.

Either way, there are a bunch of practical reasons why personal representatives should work to complete each step as thoroughly and quickly as possible when completing probate in Idaho.

5 reasons you should submit IUPC079 as quickly as possible:

1. The sooner you begin, the faster Idaho can allow heirs and beneficiaries to get their share of assets subject to probate. Acting promptly can also decrease the costs & overall mental fatigue through an otherwise burdensome process.
   
   Helpful Context: What’s the Difference Between Probate and Non-Probate Assets?

2. In general, creditors of an estate usually have around 3-6 months from the time you file notice to creditors to file any claims for debt against the deceased’s assets. If they don’t, then that debt is forfeited (and more importantly, the executor won’t be held personally responsible). So doing this sooner means you have a better idea of who is owed what and ensures you won’t get a surprise collector months later.

3. Not filing a will within 30 days (on average) could mean that the probate process proceeds according to intestate laws (laws that govern what happens to someone's stuff without a will) or is subject to unnecessary supervision by the probate court. And if you aren't directly related to the deceased (a.k.a. next of kin), this could also mean you lose your inheritance.

4. It’s important to file any necessary state tax returns on behalf of the deceased or estate by the following tax season in Idaho. If you don’t, you could owe penalties and interest. This also includes any necessary federal tax returns such as Forms 1040, 1041, or even a Form 706 estate tax return.

5. If a house in the State of Idaho is left empty (or abandoned) for a while, insurance can get dicey. For example, if the house burns down and no one has been there for a year, an insurance company may get out of paying your claim.

If you’re not using Atticus to get specific forms, deadlines, and timelines for Idaho probate, then try and stay as organized as possible, pay close attention to the dates mentioned in any correspondence you have with the State’s government officials, call the local Idaho probate clerk or court for exact answers regarding Form IUPC079, and when in doubt— consult a qualified trust & estates lawyer for that area.

Application For Appointment As Trustee is one of the many probate court forms available for download through Atticus.

It may also be available through some Idaho probate court sites, such as . In order to access the latest version, be updated with any revisions, and get full instructions on how to complete each form, check out the Atticus Probate & Estate Settlement software or consider hiring a qualified legal expert locally within Idaho.

While Atticus automatically provides the latest forms, be sure to choose the correct version of Form IUPC079 - Application For Appointment As Trustee f using any other site or resource in order to avoid having to re-complete the form process and/or make another trip to the Idaho probate court office.

Application For Appointment As Trustee is a .pdf, so opening it should be as simple as clicking “View Form” from within the Atticus app or by clicking the appropriate link found on any Idaho-provided government platform. Once you’ve opened the form, you should be able to directly edit the form before saving or printing.

Here’s the text, verbatim, that is found on Idaho Form IUPC079 - Application For Appointment As Trustee. You can use this to get an idea of the context of the form and what type of information is needed.

APPLICATION FOR APPOINTMENT AS TRUSTEE - 1 IUPC Form 79 -- Application for Appointment as Trustee (I.C. 15-7-403 ) IN THE DISTRICT COURT OF THE ______________ JUDICIAL DISTRICT OF THE STATE OF IDAHO, IN AND FOR THE COUNTY OF _____________ IN THE MATTER OF THE ) ) CASE NO. _____________________ ) ) APPLICATION FOR ___________________________ ) APPOINTMENT AS TRUSTEE ) (I.C. §15-7-403) ) APPLICANT, , STATES AND REPRESENTS TO THE COURT THAT: 1.Applicant’s interest in this matter is that of: (a)____ a trustor of the above-entitled trust. (b)____ a beneficiary of the above-entitled trust. (c)____ a personal representative of the estate pursuant t o which the above-entitled trust has been created. (d)____ a creditor of the above-entitled trust. (e)____ a person having priority for appointment as trustee of the above-entitled trust. (f)____ a person having a property right in or a claim agains t the above-entitled trust. (g)a fiduciary representing an interested person. (h)(other) 2.(a)The person whose appointment as trustee is sought is: (1)____ applicant, whose address is (2)____ (name of proposed trustee if other than applicant), whose address APPLICATION FOR APPOINTMENT AS TRUSTEE - 2 is and is qualified to act as such and has priority because: (1) ____ there is no person with a higher or equal priority for appointment. (2)____ each person with a higher or equal priority for appointment has renounced the same in writing filed with the Court or has concurred in nominating or applying for appointment of the person whose appointment is sought herein. (b) ____ The person whose appointment as trustee is sought has priority for appointment as: (1) ____ the person nominated in, or pursuant to the exercise of power conferred by, the above- entitled trust. (2) ____ the trustee appointed by the Court of the trustor’s domicile. (c) ____ The name(s) and address(es), and the priority for appointment, of any other person(s) having a prior or equal right to the appointment under law or the terms of the above-entitled trust is/are: (1) ____ none (2) ____ as follows: PRIORITY FOR NAME ADDRESS APPOINTMENT 3. The trust is: (a) ____ a testamentary trust established by the Will of . The Will was probated in County, , on . APPLICATION FOR APPOINTMENT AS TRUSTEE - 3 (b) ____ an intervivos trust established by as trustor(s) with as original trustee(s) under a written instrument dated . (c) ____ an oral trust established on, by , as trustor(s) with , as trustee(s), the terms of which are as follows: . 4. (a) ____ There is no existing trustee of the trust whose appointment has not been terminated. (b) ____ The name(s) and address(es) of the existing trustee(s) of the trust, whose appointment(s) has/have not been terminated is/are: NAME ADDRESS 5. The names and addresses of all current and contingent ben eficiaries of the trust, and the ages of those who are minors so far as known or ascertainable with reasonable diligence by applicant, are: NAME ADDRESS AGE RELATIONSHIP APPLICATION FOR APPOINTMENT AS TRUSTEE - 4 6. (a) ____ A copy of the trust: (1) ____ accompanies this application. (2) ____ is in the possession of the Court. (b) ____ Copies of the portions of the trust accompany this application showing: (1) The trustor(s) and original trustee of the trust; (2) Any language regarding the appointment of an original or successor trustee, including any limitations thereon; (3) The signature page(s) of the trust; and (4) Any amendments to the trust which relate to the appointment of an original or successor trustee, including any limitations thereon. 7. After the exercise of reasonable diligence, applicant is unaware of any instrument revoking the trust. 8. (If the application is for appointment of a successor trustee) The prior trustee was terminated effective . The method of termination was . Copies of any documents relating thereto: (a) ____ are in the possession of the Court. (b) ____ accompany this application. WHEREFORE, Applicant requests that: 1. be appointed as (a) ____ trustee (b) ____ successor trustee, to act (1) ____ without bond (2) ____ with bond in the amount of $ . 2. Upon qualification and acceptance, Letters of Trusteeship be issued. DATED: Signature of Applicant’s Attorney APPLICATION FOR APPOINTMENT AS TRUSTEE - 5 VERIFICATION STATE OF IDAHO ) )ss County of ) If Applicant is an Individual Applicant, being sworn, says that the facts set forth in the foregoing application are true, accurate, and complete to the best of the applicant’s knowledge and belief. Applicant If Applicant is an Entity The undersigned, , being, sworn, says that the undersigned is an officer of , applicant herein, that the undersigned is duly authorized to act on behalf of applicant, and that the facts set forth in the foregoing application are true, accurate, and complete to the best of the undersigned’s knowledge and belief. Applicant: By Title SUBSCRIBED AND SWORN TO before me this day of ,20___. Notary Public for Idaho Residing at My Commission expires on