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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.
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.
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.
Please go to the Idaho Department of Labor's website for information about unemployment benefits:
https://labor.idaho.gov/dnn
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.
Please find attached a template letter that you can use to request information from your mortgage servicer for information regarding escrow accounts if your mortgage loan is currently in forebearance.
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.
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