Petition for Letters of Administration

IMPORTANT: THIS IS A PREPARATION GUIDE — NOT THE OFFICIAL COURT FORM

Idaho uses official probate estate administration forms published by the Idaho State
Bar for petitions for letters of administration. This template provides the substantive
legal content to help you prepare — but you must transfer your content to the official
form before filing. Official forms are available at https://courtselfhelp.idaho.gov/Forms
or through the Idaho State Bar at https://isb.idaho.gov.
Do not file this document directly with the court.

PETITION FOR LETTERS OF ADMINISTRATION

IN THE MAGISTRATE COURT OF THE [JUDICIAL DISTRICT] JUDICIAL DISTRICT
OF THE STATE OF IDAHO, IN AND FOR THE COUNTY OF [COUNTY]

TABLE OF CONTENTS

1. Caption and Case Information
2. Applicant Information
3. Decedent Information
4. Basis for Jurisdiction
5. Heirs at Law
6. Grounds for Administration
7. Prayer for Relief
8. Verification
9. Certificate of Service

1. CAPTION AND CASE INFORMATION

IN THE MATTER OF THE ESTATE OF:

[DECEDENT FULL LEGAL NAME], Deceased.

Case No.: [____________________________________]

2. APPLICANT INFORMATION

Name: [PETITIONER FULL LEGAL NAME]
Address: [STREET ADDRESS], [CITY], Idaho [ZIP CODE]
Relationship to Decedent: [RELATIONSHIP]

3. DECEDENT INFORMATION

4. BASIS FOR JURISDICTION

a. The Decedent was domiciled in [COUNTY] County, Idaho at the time of death, establishing jurisdiction per Idaho Code § 15-1-303.

b. The Decedent died on [__/__/____], and at least five (5) days have elapsed since death per Idaho Code § 15-3-302.

c. The Decedent died intestate (without a valid Last Will and Testament).

d. ☐ After reasonable diligence, Applicant is unaware of any unrevoked testamentary instrument relating to property in Idaho (Idaho Code § 15-3-301(a)(4)).

e. ☐ The time limit for informal appointment has not expired (three years or less since death per Idaho Code § 15-3-108).

f. ☐ No prior application or petition has been granted in Idaho or elsewhere.

g. ☐ Applicant has not received a demand for notice per Idaho Code § 15-3-204.

5. HEIRS AT LAW

The heirs at law under Idaho intestate succession (Idaho Code § 15-2-101 et seq.):

6. GROUNDS FOR ADMINISTRATION

a. The Decedent died possessed of property in Idaho requiring administration.

b. Estimated value of the estate:

c. Applicant has priority under Idaho Code § 15-3-203 as [STATE PRIORITY BASIS].

d. Applicant is not disqualified under Idaho Code § 15-3-204.

e. Type of proceeding:
☐ Informal appointment (Idaho Code § 15-3-301)
☐ Formal appointment (Idaho Code § 15-3-402)

f. Bond:
☐ Applicant will furnish bond per Idaho Code § 15-3-603
☐ Applicant requests waiver of bond

7. PRAYER FOR RELIEF

WHEREFORE, Applicant respectfully requests:

a. The Registrar/Court determine that the Decedent died intestate;

b. Applicant be appointed Personal Representative;

c. Letters of Administration be issued upon qualification;

d. Bond be fixed or waived;

e. Such other relief as deemed just.

8. VERIFICATION

STATE OF IDAHO
COUNTY OF [COUNTY]

I, [PETITIONER FULL LEGAL NAME], under penalty of perjury, verify that the statements in this Petition are accurate and complete to the best of my knowledge and belief, pursuant to Idaho Code § 15-3-301.

Applicant Signature: ______________________________________

Printed Name: [PETITIONER FULL LEGAL NAME]

Date: [__/__/____]

9. CERTIFICATE OF SERVICE

I certify that on [__/__/____], a true copy of this Petition was served on all interested persons:

☐ Personal Service
☐ Certified Mail, Return Receipt Requested
☐ First Class U.S. Mail

Signature: ______________________________________
Printed Name: [PETITIONER / ATTORNEY NAME]
Idaho State Bar No.: [________________] (if applicable)
Address: [________________________________]
Telephone: [________________________________]
Email: [________________________________]

ATTACHMENTS CHECKLIST:

☐ Certified copy of Death Certificate
☐ Bond or request for waiver (Idaho Code § 15-3-603)
☐ Acceptance of Appointment
☐ Written consents / waivers (if applicable)
☐ Proposed Order of Appointment
☐ Filing fee payment