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, IF ASSIGNED]

(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 and Formal Appointment of Personal Representative
Administration requested: ☐ Unsupervised ☐ Supervised (I.C. § 15-3-502; state grounds below)

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 because [STATE INTEREST]. Petitioner ☐ is ☐ is not 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

This proceeding is commenced ☐ within three years after the Decedent's death ☐ later under the following specific exception in Idaho Code § 15-3-108: [STATE EXCEPTION AND FACTS]. The five-day waiting rule in § 15-3-302 applies to informal probate by a registrar, not to this formal petition.

4. JURISDICTION AND VENUE

a. Venue. Venue for this first formal testacy proceeding lies in [COUNTY] County under Idaho Code § 15-3-201 because ☐ the Decedent was domiciled here at death ☐ the Decedent was not domiciled in Idaho and property of the Decedent was located here at death: [IDENTIFY PROPERTY].

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. The Decedent's will ☐ has ☐ has not been informally probated. A personal representative ☐ has ☐ has not previously been appointed. This Petition seeks formal probate whether or not an instrument was informally probated under Idaho Code § 15-3-401.

e. Any personal representative previously appointed in Idaho or elsewhere whose appointment has not terminated is: [NAME, ADDRESS, COURT AND CASE NUMBER, OR NONE].

f. Petitioner ☐ has ☐ has not received a demand for notice and ☐ is ☐ is not aware of any demand for notice of a probate or appointment proceeding concerning the Decedent in Idaho or elsewhere. Details: [________________________________].

g. If supervised administration is requested, the grounds for it and any direction in the Will are: [________________________________]. The Court will decide the request under Idaho Code § 15-3-502.

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.
☐ An authenticated copy of a Will probated in another jurisdiction accompanies this Petition; the original is neither in the Court's possession nor attached.
☐ 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 signed by the Testator, or in the Testator's presence and at the Testator's direction, and signed by at least two persons who each witnessed the signature or the Testator's acknowledgment under Idaho Code § 15-2-502 ☐ is offered as a holographic will under § 15-2-503 because the signature and material provisions are in the Testator's handwriting. To the best of Petitioner's knowledge after reasonable diligence, it is the Decedent's last will and has not been revoked.

d. Self-proving status (I.C. § 15-2-504):
☐ The attested Will is self-proved under Idaho Code § 15-2-504. Under § 15-3-406(b), its signature requirements are conclusively presumed and other execution requirements are presumed subject to rebuttal, without witness testimony on filing the Will and attached acknowledgment and affidavits, unless fraud or forgery is proved.
☐ The Will is not self-proved; due execution will be established by evidence under Idaho Code § 15-3-406(a). If a contested case requires execution evidence, an available competent attesting witness in Idaho must testify.

e. Attesting witnesses, if the witnessed route is used:

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. Surviving spouse, children, and other heirs of the Decedent:

c. Executors and devisees named in any other will offered or probated in this county or known to Petitioner elsewhere; any current personal representative; and any person who demanded notice under Idaho Code § 15-3-204: [NAMES, ADDRESSES, OR NONE].

d. The names and addresses above include the Decedent's spouse, children, heirs, devisees, and other persons required for this Petition, so far as known or ascertainable with reasonable diligence, under Idaho Code §§ 15-3-301(a)(2) and 15-3-403. Any unknown address or identity and the diligence used to locate it: [________________________________].

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). If the Will is probated, a person with priority determined by it, including a person nominated under a power conferred by it, has first priority unless disqualified. The person proposed for appointment claims priority because: [WILL PROVISION, NOMINATION, RENUNCIATION, OR OTHER BASIS]. Other persons with prior or equal priority and their positions are: [NAMES, ADDRESSES, AND RENUNCIATIONS OR CONSENTS].

c. Qualification. The proposed personal representative is at least eighteen years old and, to Petitioner's knowledge, has not been found unsuitable under I.C. § 15-3-203(f). Before letters issue, the appointee will file any required bond and a statement of acceptance with the oath required by I.C. § 15-3-601.

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

8. BOND

a. Bond (I.C. §§ 15-3-603 to 15-3-605). Identify whether the Will requires or relieves bond, whether an interested person has made a qualifying demand, and whether the Court has ordered bond. A formal appointment may require bond by court order; a will's bond waiver is subject to the statutory demand and court rules.

☐ 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 the appointed personal representative after the acceptance, oath, and any bond required by Idaho Code § 15-3-601, with ☐ no bond ☐ bond as fixed by the Court;

f. Order ☐ unsupervised ☐ supervised administration as requested above, subject to the findings required by Idaho Code § 15-3-502;

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

10. VERIFICATION

I, [PETITIONER FULL LEGAL NAME], declare that I have read this Petition and that its factual statements are true and correct to the best of my knowledge and belief after reasonable diligence.

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, 15-3-414, and 15-1-401). After the Court fixes a hearing, give notice to the surviving spouse, children, other heirs, devisees and executors named in relevant wills, any current personal representative, persons claiming priority for appointment, and persons who filed a demand for notice. For a person whose address is known or reasonably ascertainable, mail or personally deliver notice at least fourteen (14) days before the hearing. If identity or address cannot be ascertained with reasonable diligence, publish once a week for three consecutive weeks, with the last publication at least ten (10) days before the hearing. The Court may order a different method or time for good cause; file proof of notice before or at the hearing.

☐ Proof of publication is attached, if publication was required.
☐ 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
☐ Death certificate or other death evidence requested by the Court
☐ 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 and oath of the proposed personal representative (I.C. § 15-3-601), when filing for letters
☐ Signed waivers of notice (I.C. § 15-1-402), if applicable
☐ 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 and, if publication was required, 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/