Probate

Probate

The word “probate” derives from the Latin word for “proven” or “proved.”  To be effective, the law requires that a decedent’s Last Will be “proven” as valid.  In Idaho, the court has jurisdiction to probate a Will within three years of the decedent’s death.  But, unlike what you may have heard — or even experienced in other states — probate in Idaho is typically quick and inexpensive.

In most cases, there is no contest as to the validity of the Will.  The reason people enter probate is to give someone — the personal representative – authority to distribute the decedent’s estate and transfer property.  A personal representative needs court appointment to convey real property.  In some cases, the personal representative needs the Court’s help to determine the rightful heirs under the Will and to resolve disputes about estate administration.

Typically, probate starts with the filing of a petition for probate and appointment of a personal representative.  In many cases, the petition will be granted without a court hearing.  In fact, often the probate and estate administration is completed without the lawyer ever appearing in court.  Berg & McLaughlin is prepared to get the probate ball rolling very quickly at minimal cost, and then to assist the personal representation with estate administration.

Sometimes, however, it is necessary for Berg & McLaughlin to represent the personal representative in court in an adversary proceeding, or to representative a beneficiary who has an objection to estate administration.  In this case, the firm’s litigators will put forward the best case possible on behalf of the client.