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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.
Video Clips that answer some common questions that come up during the small claims process, such as:
What is service of process?
How long do I have for service of process?
What are exhibits?
Do I need to do anything if I collect from the defendant?
Will the appeal be just like my first hearing?
As with most legal questions, the answer is fact specific. The instant a bankruptcy case is filed, your creditors are prohibited by law from contacting you, attempting to collect a debt and yes, they are also prohibited from foreclosing on your home. Even if your home is scheduled to be sold at foreclosure tomorrow and you file bankruptcy today, an injunction called the automatic stay will temporarily sheild you from creditors, forcing your lender to immediately cease and desist with foreclosing.
Interactive Forms
Interactive forms are free to low income people in Idaho with certain legal issues. Interactive forms allow a person to input information which automatically enters into the appropriate forms. Interactive forms are available on the Idaho Guide & File website. Click "Start Your Legal Process" to to generate forms you can use to e-file or print to file in person at your local courthouse.
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 National Association of Consumer Advocates has created a series of videos providing information to consumers who are being sued on a debt. You can access those videos here:
https://www.consumeradvocates.org/for-consumers/debt-collection
This guide offers information on how to start a small claims case.
This guide offers information on how to prepare for your small claims trial as a defendant (the person being sued and responding to the suit).
For more information on small claims cases or for fillable PDF forms you can use in your small claims case, please visit the Idaho Court Assistance Office's webpage here: https://courtselfhelp.idaho.gov/Forms/claims.
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