When someone passes away in Idaho, it’s not uncommon for their estate to go through what’s known as probate. Probate is the legal process used to validate a Will and appoint an Executor (also known as a Personal Representative). Once the Executor has been appointed, he or she can begin the task of paying off taxes and debts the estate owes, and then distributing the remaining assets and money to inheritors.
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There are many costs associated with the process of probate, and understanding them can be helpful if you’re about to begin a probate journey of your own. There is no one, true average cost of probate in Idaho, but there are some common costs you could probably count on expecting.
There are several probate fees in Idaho that may change depending on multiple aspects of the estate, including:
How big and complicated the estate is
If any family members contest any part of the Will
Whether or not an attorney is used
What Estate Plans are in place and whether or not they are valid
It’s hard to give a concrete estimate on probate cost without knowing the specifics about an estate. If you factor in all fees, the cost of a probate attorney and any Executor fees, a basic, simple probate could average somewhere between around $2,000 - $3,000. Of course this range could drastically change depending on how complicated the estate is and other factors we’ve mentioned.
Common Probate Fees in Idaho
There are some basic probate fees to expect if you’re going through the process in Idaho. Some of these may include:
Attorney fees (if you hire an attorney)
Court and filing fees
Miscellaneous professional fees: I.E. Appraisal, Land Survey and Accounting fees
Executor fees/compensation - Idaho is a reasonable compensation state
Executor/Probate Bonds (if necessary; price will range; can be waived if all heirs agree)
Common Questions About Probate in Idaho
How Long Does Probate Take in Idaho?
Probate in the state of Idaho takes a minimum of six months, but it can last up to several years if an estate is extremely complex.
What is UPC in Idaho?
The Uniform Probate Code (UPC) was developed with the intention of creating a streamlined, national standard for every state to follow in regards to probate. To date, just 18 states have adopted the code, and Idaho is one of them. The UPC says there are three types of probate proceedings:
How Much Does a Probate Lawyer Cost in Idaho?
Probate attorney fees in Idaho will depend on how complicated the estate is and other factors, such as how experienced the attorney is. Probate attorneys in Idaho can charge either an hourly fee, a flat fee or a percentage of the estate value.
How Can You Avoid Probate in Idaho?
There are a number of ways you can avoid probate in Idaho. In the state, probate can be avoided if:
An estate falls below the small estate threshold (more info below)
Assets are titled Joint Tenancy
Property ownership is titled Tenancy by Entirety or Community Property with Right of Survivorship
Appropriate beneficiary designations are noted on assets and accounts
A Living Trust holds the largest assets in an estate (and any assets outside the Trust have a total value less than the threshold)
What is Considered a Small Estate in Idaho?
Idaho has what’s known as a small estate threshold, which could avoid probate if the total value of an estate does not meet or exceed a certain dollar amount and there is no real property at stake.
In the state of Idaho, you can use an Affidavit if an estate is valued at less than $100,000. You can also use a summary probate proceeding in certain cases as well.
Who Pays Probate Fees in Idaho?
Probate lawyer fees in Idaho (which are often the bulk of a probate’s expense), along with other fees and costs associated with probate, can generally be paid for using funds out of the estate.