Petition for Probate of Will and for Letters Testamentary - Idaho

PETITION FOR PROBATE OF WILL AND FOR LETTERS TESTAMENTARY

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

(Formal Testacy and Appointment Proceeding — Idaho Code §§ 15-3-401, 15-3-402)

TABLE OF CONTENTS

1. Caption and Case Information
2. Petitioner Information
3. Decedent Information
4. Jurisdiction and Venue
5. The Will Offered for Probate
6. Devisees Under the Will and Heirs Entitled to Notice
7. Priority and Qualification of Personal Representative
8. Bond
9. Prayer for Relief
10. Verification
11. Certificate of Service / Notice
12. Attachments Checklist

1. CAPTION AND CASE INFORMATION

Case No.: [____________________________________]

Petition for: ☑ Formal Probate of Will ☑ Formal Appointment of Personal Representative
Administration requested: ☐ Unsupervised ☐ Supervised (I.C. § 15-3-501)

2. PETITIONER INFORMATION

Name: [PETITIONER FULL LEGAL NAME]
Address: [STREET ADDRESS], [CITY], Idaho [ZIP CODE]
Telephone: [________________________] Email: [________________________]
Interest in this proceeding: Petitioner is an interested person under I.C. § 15-1-201 and is the personal representative nominated in the Decedent's Will.
Relationship to Decedent: [RELATIONSHIP]

By submitting this Petition for formal probate, Petitioner submits to the jurisdiction of this Court with respect to this estate (I.C. § 15-3-401).

3. DECEDENT INFORMATION

More than 120 hours (5 days) have elapsed since the Decedent's death (I.C. § 15-3-302), and the petition is filed within the three-year limit of I.C. § 15-3-108.

4. JURISDICTION AND VENUE

a. Venue. Venue for this first formal testacy proceeding lies in [COUNTY] County pursuant to Idaho Code § 15-3-201, because the Decedent was domiciled in this county at the time of death.

b. Nature of proceeding. This is a formal testacy proceeding — litigation to determine whether the Decedent left a valid will — commenced by an interested person under Idaho Code § 15-3-401, requesting that the Court, after notice and hearing, enter an order probating the Will and determining the heirs.

c. The Decedent died testate on [__/__/____], leaving a Last Will and Testament dated [__/__/____].
☐ The Decedent also executed [____] codicil(s) dated [__/__/____], offered for probate herewith.

d. ☐ No will of the Decedent has been informally probated and no personal representative has been appointed; the Petition seeks formal probate without regard to any informal probate (I.C. § 15-3-401).

5. THE WILL OFFERED FOR PROBATE

a. The instrument offered for probate is the Last Will and Testament of the Decedent dated [__/__/____], consisting of [____] pages, together with any codicil(s) described above (the "Will").

b. Original (I.C. § 15-3-402(a)(3)). The original of the Decedent's last Will: ☐ accompanies this Petition ☐ is in the possession of the Court.
☐ The original Will is lost, destroyed, or otherwise unavailable; its contents are stated in the attached statement (I.C. § 15-3-402(b)).

c. Validity. The Will was executed in compliance with I.C. § 15-2-502 (signed by the Testator and by at least two witnesses), or qualifies as a holographic will under I.C. § 15-2-503, and is, so far as Petitioner knows, the Decedent's last will, valid and unrevoked.

d. Self-proving status (I.C. § 15-2-504):
☐ The Will is self-proved by the acknowledgment of the Testator and the affidavits of the witnesses made before a notary public, in substantially the form prescribed by I.C. § 15-2-504, and may be admitted to probate without the testimony of any attesting witness.
☐ The Will is not self-proved; due execution will be established by affidavit or testimony of an attesting witness.

e. Attesting witnesses:

f. Petitioner is unaware of any instrument revoking the Will or any later will, and is unaware of any proceeding pending elsewhere concerning the Decedent's estate.

6. DEVISEES UNDER THE WILL AND HEIRS ENTITLED TO NOTICE

a. Devisees under the Will:

b. Heirs of the Decedent (determined under I.C. §§ 15-2-101 to 15-2-103), entitled to notice of this proceeding:

c. The names and addresses above include all interested persons whose addresses are reasonably ascertainable, as required for the statements incorporated by I.C. § 15-3-402(a)(2) (from I.C. § 15-3-301).

7. PRIORITY AND QUALIFICATION OF PERSONAL REPRESENTATIVE

a. The Will nominates [PETITIONER / NOMINEE FULL LEGAL NAME] as personal representative (executor) of the estate.

b. Priority (I.C. § 15-3-203). A person with priority as determined by a probated will, including a person nominated by a power conferred in a will, has the first priority for appointment as personal representative under I.C. § 15-3-203(a)(1), ahead of the surviving spouse, other devisees, and heirs.

c. Not disqualified. Petitioner is at least eighteen years of age, is not a person whom the Court would find unsuitable in formal proceedings, and is otherwise qualified to serve under I.C. § 15-3-203(f). Petitioner accepts the appointment and will faithfully discharge the duties of personal representative.

d. ☐ Petitioner is the domiciliary personal representative or is nominated by the domiciliary personal representative (I.C. § 15-3-203(g)).

8. BOND

a. No bond required (I.C. § 15-3-603). Bond is not required of a personal representative unless (1) the will requires a bond, (2) an interested person files a written demand for bond under I.C. § 15-3-605, or (3) the Court orders bond in its discretion.

☐ The Will expressly waives bond. Petitioner requests appointment without bond.
☐ The Will is silent on bond, and Petitioner requests appointment without bond under I.C. § 15-3-603.
☐ The Will requires bond, or a demand for bond has been filed; Petitioner will furnish bond in the amount fixed by the Court (I.C. § 15-3-604).

b. Estimated value of the estate (for any bond/fee purposes): $[________________]

9. PRAYER FOR RELIEF

WHEREFORE, Petitioner respectfully requests that the Court, after notice and hearing:

a. Enter an order finding that the Decedent died testate and that the instrument offered is the Decedent's valid last Will;

b. Admit the Will (and any codicil) to formal probate under I.C. § 15-3-409;

c. Determine the heirs of the Decedent;

d. Appoint Petitioner as personal representative (Executor) of the estate under I.C. § 15-3-203;

e. Direct that Letters Testamentary be issued to Petitioner upon qualification, with [☐ no bond / ☐ bond as fixed by the Court];

f. Authorize ☐ unsupervised / ☐ supervised administration as requested above;

g. Grant such other and further relief as is just and proper.

10. VERIFICATION

I, [PETITIONER FULL LEGAL NAME], declare under penalty of perjury pursuant to the law of the State of Idaho that I have read the foregoing Petition and that the statements contained in it are true and correct to the best of my knowledge, information, and belief.

Executed on [__/__/____] at [CITY], Idaho.

Petitioner Signature: ______________________________________

Printed Name: [PETITIONER FULL LEGAL NAME]

11. CERTIFICATE OF SERVICE / NOTICE

Notice of hearing (I.C. § 15-3-403; § 15-1-401). In a formal testacy proceeding, the petitioner must give notice of the time and place of hearing to the devisees, the heirs, and any personal representative of the Decedent whose appointment has not terminated. Notice must be given not less than fourteen (14) days before the hearing by mail or delivery to each interested person, and by publication once a week for three (3) consecutive weeks in a newspaper of general circulation in the county, the last publication at least ten (10) days before the hearing (I.C. § 15-1-401).

☐ Proof of publication is attached.
☐ Waivers of notice (I.C. § 15-1-402) executed by interested persons are attached.

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

12. ATTACHMENTS CHECKLIST

☐ Original Last Will and Testament (and any codicil) of the Decedent
☐ Certified copy of the Death Certificate
☐ Self-proving affidavit (I.C. § 15-2-504) or affidavit/testimony of attesting witness
☐ Statement of contents of a lost/destroyed will (I.C. § 15-3-402(b)), if applicable
☐ Acceptance of appointment / consent and waivers of notice (I.C. § 15-1-402)
☐ Proposed Order admitting will to formal probate and appointing personal representative (I.C. § 15-3-409)
☐ Proposed Letters Testamentary
☐ Bond (I.C. §§ 15-3-603, 15-3-604), if required
☐ Notice of hearing forms; Proof of publication
☐ Filing fee payment

SOURCES AND REFERENCES

• Idaho Code § 15-3-201 — Venue for first and subsequent estate proceedings.
• Idaho Code § 15-3-401 — Formal testacy proceedings; nature; when commenced.
• Idaho Code § 15-3-402 — Formal testacy or appointment proceedings; petition; contents.
• Idaho Code § 15-3-409 — Formal testacy proceeding; order; foreign will.
• Idaho Code §§ 15-2-502, 15-2-503 — Execution; witnessed and holographic wills.
• Idaho Code § 15-2-504 — Self-proved will.
• Idaho Code § 15-3-203 — Priority among persons seeking appointment as personal representative.
• Idaho Code §§ 15-3-603, 15-3-604, 15-3-605 — Bond not required without court order; exceptions; amount; demand.
• Idaho Code §§ 15-1-401, 15-1-402 — Notice; method and time of giving; waiver.
• Idaho Code Title 15 (Uniform Probate Code) — https://legislature.idaho.gov/statutesrules/idstat/title15/