Petition for Summary Administration of an Estate

An interactive form is available for free to seniors and low income Idaho residents requesting summary administration of an estate. Summary administration is a simplified and expedited method, under Idaho law, for distributing a decedent’s estate. There are two situations in which summary administration is appropriate: 1.) when there’s only enough in an estate for the decedent’s surviving spouse or surviving child(ren) to receive certain modest allowances of property (set out in Idaho law) or 2.) when a surviving spouse is entitled to the rest of the decedent’s entire estate.

Summary administration is available under Idaho Code § 15-3-1205. Once it establishes that the decedent and surviving spouse were married at the time of the decedent’s death and that no other heir or inheritor under a will is entitled to estate property, the court may make a decree distributing the property to the surviving spouse. Idaho Code § 15-3-1205(b). No closing statement, further order, or court supervision is necessary.

The information you will need to complete thePetition for Summary Administration of an Estate interview includes:

  • An original copy of the decedent’s death certificate. This will provide much of the information you will need to generate this petition.
  • An original copy of the decedent's will (if any).
  • The name of the county where the petition will be signed.
  • The names and addresses of any persons named in the will, or who would be an interested party in the estate.

ILAS Developed FormsTo begin:  Petition for Summary Administration of an Estate Interactive Court Forms Icon

Note: You will be taken to our partnering site, “LawHelp Interactive”.

Don't forget, you must have the Adobe Flash Player to use the interactive forms.

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Microsoft Word is used for developing these documents. If the computer you are using uses Notepad, WordPad or some other program for word processing, you mayhave difficulties with your documents. If you do not have Microsoft Word, you can download Microsoft Word Viewer for free from Microsoft.com.

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 If you don’t have all of the required information, you can still use the interactive forms to fill in the information you do have. If you set up a free and confidential user name and password for the interactive forms, you can start your form, save your answers, and finish completing the interactive forms when you have the remaining needed information. Or, you can complete as much of the information as possible, take your forms to your local CAO office, and ask for assistance with filling in the remaining needed information.

To learn more about the project and what to expect when you use the interactive court forms, check out our Frequently Asked Questions page.

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