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Probate is the procedure for transferring title of a deceased person's property to the proper survivors. If the person did not have a will, the laws of intestate succession set out who will inherit. If there is a valid will, the estate still must be probated, but it is distributed according to the will. Probate also arranges for payment of all debts and taxes.
The legal requirements of the Indian Child Welfare Act are discussed regarding the legal rights of Indian parents, tribes and Indian child custodians before state courts can order the removal of Indian children in child protection, adoption and guardianship proceedings.
Affidavit for Collection of Personal Property (pursuant to a small estate proceeding under Idaho Code Sections 15-3-1201 and 15-3-1202)
Attached to this page is a Word.doc version of the Affidavit for Collection of Personal Property that may be edited and filled in electronically before filing.
Forms are available for free to low income individuals seeking to change ownership of property after a death. We currently have forms for An Affidavit Collecting Property and a Petition for Summary Administration of an Estate.
Please check the list below to make sure you will qualify to use the forms currently available:
Petition for Summary Administration of an Estate
Summary administration is a simplified and expedited method, under Idaho law, for distributing a decedent’s estate.
The attached guide details the process of determining interests in real property (real estate and land) between an unmarried couple, where each person's name is on the deed, and the couple is now separating or separated.
This guide was created by Idaho Legal Aid Services, Inc. to provide general information regarding community property and separate property in a divorce and how the court divides property.
If you are in need of specific legal advice, please consult with an attorney.
The National Council of Juvenile and Family Court Judges has created a guide on How to Gather Technology Abuse Evidence for Court, whether as evidence in a civil protection order case, a custody case, or a divorce case.
To view this guide, please visit: https://www.ncjfcj.org/publications/how-to-gather-technology-abuse-evidence-for-court/.
This guide was created by Idaho Legal Aid Services, Inc. to explain housing rights and protections a domestic violence survivor has under federal and state law.
For more information, please see the guide below.
Idaho Legal Aid Services has created a guide for pro se litigants (people unrepresented by attorneys) on how to file a Motion for Contempt in a family law case. Please view the attached guide for more information.
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