Petition For Formal Probate Of Will And Formal Appt Of Personal Representative

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.

Petition For Formal Probate Of Will And Formal Appt Of Personal Representative 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 Petition For Formal Probate Of Will And Formal Appt Of Personal Representative

Sometimes it’s tough to find a quick summary— here’s the important details you should know about Petition For Formal Probate Of Will And Formal Appt Of Personal Representative:

• 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 IUPC018 - Petition For Formal Probate Of Will And Formal Appt Of Personal Representative 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 IUPC018, 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 IUPC018 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 IUPC018 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 Petition For Formal Probate Of Will And Formal Appt Of Personal Representative 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.

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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 IUPC018 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 IUPC018, and when in doubt— consult a qualified trust & estates lawyer for that area.

Petition For Formal Probate Of Will And Formal Appt Of Personal Representative 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 IUPC018 - Petition For Formal Probate Of Will And Formal Appt Of Personal Representative 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.

Petition For Formal Probate Of Will And Formal Appt Of Personal Representative 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 IUPC018 - Petition For Formal Probate Of Will And Formal Appt Of Personal Representative. You can use this to get an idea of the context of the form and what type of information is needed.

PETITION FOR FORMAL PROBATE OF WILL AND FORMAL APPOINTMENT OF PERSONAL REPRESENTATIVE - PAGE 1 IUPC Form 18 -- Petition for Formal Probate of Will and Formal Appointment of Personal Representative (I.C. 15-3-402) IN THE DISTRICT COURT OF THE ________ JUDICIAL DISTRICT OF THE STATE OF IDAHO, IN AND FOR THE COUNTY OF ________ IN THE MATTER OF THE ESTATE OF ) ) ) CASE NO. _______________ ) ) PETITION FOR FORMAL ___________________________ ) PROBATE OF WILL AND ) FORMAL APPOINTMENT OF Deceased. ) PERSONAL REPRESENTATIVE ___________________________________ ) (I.C. 15-3-402) PETITIONER, _______________________________, STATES AND REPRESENTS TO THE COURT THAT: 1. Petitioner's interest in this matter is that of: (a) ___ an heir of the decedent. (b) ___ a child of the decedent. (c) ___ a devisee under the decedent's will. (d) ___ the spouse of the decedent. (e) ___ a creditor of the decedent. (f) ___ a person having priority for appointment as personal representative. (g) ___ a person having a property right in, or a claim against, the decedent's estate. (h) ___ a fiduciary representing an interested person. 2. (a) ___ The person whose appointment as personal representative is sought is: (1) ___ petitioner; or ________________________, whose address is ___________________________; and PETITION FOR FORMAL PROBATE OF WILL AND FORMAL APPOINTMENT OF PERSONAL REPRESENTATIVE - PAGE 2 (2) ___ qualified to act as such and has priority because: (a) ___ there is no person with a higher or equal priority for appointment. (b) ___ each person with a higher or equal priority for appointment has: (i) ___ failed to request appointment or to nominate another for appointment; (ii) ___ renounced the right to appointment and has renounced the right to nominate another to appointment; (iii) ___ renounced the right to appointment or has nominated the person whose appointment is sought herein. All such renunciations and/or nominations have been filed with the Court. (b) ___ The status in which such person seeks appointment is as: (1) ___ the person nominated in, or pursuant to the exercise of a power conferred by, the decedent's will. (2) ___ the personal representative appointed by the Court of the decedent's domicile. (3) ___ the surviving spouse and a devisee of the decedent. (4) ___ a devisee of the decedent. (5) ___ the surviving spouse of the decedent. (6) ___ a creditor of the decedent and 45 days have elapsed since the death of the decedent. (7) ___ a nominee of a person named in (2) through (5) above. 3. (a) ___ The decedent died on ___________________, 20_____, at the age of ________ years. PETITION FOR FORMAL PROBATE OF WILL AND FORMAL APPOINTMENT OF PERSONAL REPRESENTATIVE - PAGE 3 (b) ___ The decedent died on __________________, 20___, at the age of ________ years. The marital community of the decedent and _________________ was dissolved by the death of _________________ on ________________, 20___. At such death, the decedent was entitled to all the property of _________________ by will, law, or both, and the decedent died before any proceeding had been commenced for the probate of __________________. Pursuant to I.C. 15-3-111, the estates of both the decedent and _________________ may be joined for probate in this proceeding. 4. Venue is proper because at the time of death the decedent was: (a) ___ domiciled in this county. (b) ___ domiciled in ________________ County, ___________, but owned property located in this county. 5. The names and addresses of the spouse, children, heirs, and devisees of the decedent and other persons entitled to notice pursuant to I.C. 15-3-403, and the ages of those who are minors so far as known or ascertainable with reasonable diligence by petitioner are: NAME ADDRESS AGE RELATIONSHIP (If Minor) 6. (a) ___ No personal representative has been appointed in this state or elsewhere whose appointment has not been terminated. (b) ___ No personal representative has been appointed in this state, but ________________________, whose address is ________________________ has been appointed as the decedent's personal representative in the state of the decedent's domicile. (1) ___ Petitioner is the decedent's domiciliary personal representative. (2) ___ Petitioner is the nominee of the decedent's domiciliary personal representative. PETITION FOR FORMAL PROBATE OF WILL AND FORMAL APPOINTMENT OF PERSONAL REPRESENTATIVE - PAGE 4 (c) ___ No Personal Representative has been appointed outside of this county, but (1) ___ on _______________________, 20___, petitioner was appointed personal representative by this Court in informal proceedings. (2) ___ on 20___, ________________________, whose address is ________________________ was appointed personal representative by (i) ___ this Court in informal proceedings. (ii) ___ this Court in formal proceedings. 7. (a) ___ Petitioner has neither received nor is aware of any demand for notice of any probate or appointment proceeding concerning the decedent that may have been filed in this state or elsewhere. (b) ___ Petitioner has neither received nor is aware of any demand for notice of any probate or appointment proceeding concerning the decedent, other than the demand(s) received by and on file with the Court. 8. The time limit for formal probate and appointment has not expired because: (a) ___ not more than three years have passed since the decedent's death. (b) ___ more than three years have passed since the decedent's death, but tardy probate and appointment are authorized because: (1) ___ a previous proceeding, initiated within such three-year period, was dismissed because of doubt about the decedent's death, the decedent died prior to the initiation of the previous proceeding, and petitioner has not delayed unduly in initiating this proceeding. (2) ___ not more than three years have passed since the duly appointed conservator of the decedent's estate became able to establish the decedent's death. (3) ___ the decedent was not a resident of this state, and the will to which this application relates PETITION FOR FORMAL PROBATE OF WILL AND FORMAL APPOINTMENT OF PERSONAL REPRESENTATIVE - PAGE 5 has been previously probated, and a prior appointment of a personal representative has been made in the state of the decedent's domicile. (4) ___ the will to which this petition relates was previously informally probated within the last twelve months in ______________________, and a prior appointment of a personal representative has been made in ________________________. (c) ___ not more than three years have passed since the decedent's death. The three year provision applies only to the death of the decedent and not to the death of _________________, pursuant to I.C. 15-3- 111. 9. (a) ___ The original of the decedent's will, dated ________________, is in the possession of the Court. (b) ___ The original of the decedent's will, dated ________________, accompanies this petition. (c) ___ An authenticated copy of the will of the decedent, dated ________________, and of the statement or order probating it in the State of ________________ accompany this petition. (d) ___ The original of the decedent's will is lost, destroyed, or otherwise unavailable, but its contents are described in the exhibit attached hereto and incorporated herein by reference. 10. Petitioner believes that the will which is the subject of this application was validly executed. 11. Having exercised reasonable diligence, petitioner is unaware of any instrument revoking the will which is the subject of this petition and believes that such will is the decedent's last will. 12. (a) ___ Bond is not required under I.C. 15-3-603. (b) ___ Bond is required because: (1) ___ the decedent's will contains an express requirement of bond. (2) ___ bond has been requested prior to appointment, by an interested party. PETITION FOR FORMAL PROBATE OF WILL AND FORMAL APPOINTMENT OF PERSONAL REPRESENTATIVE - PAGE 6 (3) ___ a written demand for bond has been filed in accordance with I.C. 15-3-605. (c) ___ Character and estimated value of the decedent's property (complete only if bond is required and the bond amount is not specified in the will): Personal Property $________________________ Annual income from real and personal property $________________________ SUBTOTAL $________________________ Less assets deposited in domestic financial institutions in a manner that prevents their unauthorized disposition. (______________________) TOTAL $________________________ (d) ___ The amount of bond specified under the will is: $___________________. WHEREFORE, PETITIONER REQUESTS THAT: 1. The Court fix a time and place of hearing. 2. Notice be given as required by law. 3. The decedent's will, dated ________________________, be formally probated. 4. The Court enter an order determining the devisees of the decedent. 5. (a) _________________________________ be formally appointed personal representative of the estate of the decedent, to act: (1) ___ without bond. (2) ___ with bond in the amount of $________________. (b) ___ The prior informal appointment of ________________ be formally confirmed. PETITION FOR FORMAL PROBATE OF WILL AND FORMAL APPOINTMENT OF PERSONAL REPRESENTATIVE - PAGE 7 6. Upon qualification and acceptance, letters testamentary be issued. 7. * The estates of both the decedent and ______________ be joined for probate in a single proceeding pursuant to I.C. 15- 3- 111. DATED: ________________ ________________________________________ Signature * Optional, for use only in joint probate proceedings. PETITION FOR FORMAL PROBATE OF WILL AND FORMAL APPOINTMENT OF PERSONAL REPRESENTATIVE - PAGE 8 VERIFICATION STATE OF IDAHO ) : ss COUNTY OF _____________ ) If Petitioner is an Individual Petitioner, being sworn, says that the facts set forth in the foregoing petition are true, accurate, and complete to the best of petitioner's knowledge and belief. ________________________________________ Petitioner If Petitioner is an Entity The undersigned, ________________________, being sworn, says that the undersigned is an officer of ________________________, petitioner herein, that the undersigned is duly authorized to act in behalf of petitioner and that the facts set forth in the foregoing petition are true, accurate, and complete to the best of the undersigned's knowledge and belief. Petitioner: By_____________________________________ Title:_______________________________ SUBSCRIBED AND SWORN to before me this _____ day of ________________, 20____. _______________________________________ NOTARY PUBLIC Residing at: ___________________________ My Commission Expires:_________________