Boise Probate Attorneys, Idaho Estate Lawyers, Wills, Estates and Trusts, call (208) 472-2383 or visit www.kershisniklaw.com, Kershisnik Law, PLLC
As a Probate Attorney one of the most frequently asked questions I hear is, "where do you file probate?" Idaho Uniform Probate Code says that probate should be filed in the county where the deceased person was domiciled at the time of death. That works fine and well if the decedent lived in Idaho at the time of their death. This leads to the second most frequent question I hear as a Probate Lawyer, "if Uncle Joe didn't live in Idaho, but had property here can we probate the will in Idaho?" The answer to that question is, yes. The Idaho Uniform Probate Code says that a will can go through probate in an Idaho Court if the decedent did not live in Idaho at the time of death but has property located here.
What Idaho Code 15-3-201 does as a practical matter is it uses domicile, or if their is not domicile, property, to determine where probate will be heard. Probate lawyers see it as a first come first serve basis. If the decedent didn't live in Idaho at the time of death but had property in Ada County, Boise County and Idaho County, the named personal representative can choose which county to bring probate in. If the first proceeding is an informal probate, a probate attorney can request a second formal proceeding and it is possible to transfer the probate to another county upon the finding that the other venue is more proper. Otherwise, the probate will remain in the first county and that county will order the probate to be carried out, even if their is property in other counties. Probate Attorneys know that domicile is always the best way to establish venue, but that is not always possible.
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