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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.
Social Security income is a lifeline for most seniors. Because it is considered so essential for survival, it has traditionally been protected from attachment by creditors. However, there are some exceptions.
Please review the guide below for more information.
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.
The Legal Resource Center on Violence Against Women has created a Relocation Guide for Domestic Violence Survivors that provides survivors with advice on the issues involved in relocating with children with or without a current custody order.
For more information and resources, please visit The Legal Resource Center on Violence Against Women's website here: http://www.lrcvaw.org/.
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/.
Under the Violence Against Women Act (VAWA), a tenant may not be denied assistance, terminated from participation, or be evicted from your rental housing because that tenant is or has been a victim of domestic violence, dating violence, sexual assault, or stalking.
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