Twin Falls Probate Attorney

Make a Difficult Time Less Challenging with a Team You Can Trust

Losing a loved one is a difficult event in anyone’s life but dealing with probate or a trust while grieving can be even more challenging.

Whether you are the administrator of an estate or an heir, it’s critical to have an attorney on your side to guide you through the process and help protect your interests. The risks are high if you make an error and the complex rules and procedures of probate can be daunting.

We provide caring and attentive assistance throughout the entire probate process from opening the estate to distributing the assets.

You don’t have to do it alone.

What Is Probate

Probate is the court-supervised process of settling a deceased person’s financial affairs. Probate is necessary whenever someone passes away owning either assets in his or her name that cumulatively value more than $100,000.00, or real estate, regardless of the value. Assets that are commonly transferred outside of probate include interests in trusts, investment accounts, retirement accounts, annuities, and life insurance proceeds. Real property and bank accounts can be transferred outside of probate in certain circumstances but are less commonly set up in such a fashion.

If a person dies without a will, then the probate court will apply the state’s default laws to determine who will inherit the property. If there is a valid will, then the assets of the deceased will be distributed according to the terms of will.

You Deserve an Easy Process

While an attorney is not required to file probate in the state of Idaho, the rules are complicated and the consequences of making a mistake are considerable. Let us do the heavy lifting during a time when you should be allowed to mourn your love ones and focus on the other tasks that inevitably come with losing someone close to you.

At Canyon River Law, we handle all aspects of the legal process of transferring property and assets so you don’t have to, such as.

Appointment of Personal Representatives
Procurement of Letters Testamentary
Declarations of Heirship
Creditor Claims
Trust Administrations
Affidavits for Collection of Personal Property
Asset Transfers
Trust Funding, Accounting, and Termination
Amending, Revoking, and Decanting Trusts
Disclaiming Interests in a Trust or Estate
Succession of Business Interests
Collection of Retirement and Life Insurance
Medicaid Estate Recovery Claims
Inventory and Appraisement of Assets

We’re with You Every Step of the Way

01 Schedule a Consultation

When people have a loved one pass away they are commonly left wondering “what next?” At your initial consultation with Canyon River Law, we answer this question and provide a clear plan for moving forward

02 Initiation of your Case

One we know the details of your loved one’s financial situation and family dynamics, we will navigate you through the legal landscape of settling an estate in Idaho. We do all the heavy lifting so you don’t have to.

03 Case Management

By having us guide you through the process of settling your loved one’s financial affairs, you can feel at peace with the process long after it’s over.

Frequently Asked Questions

I’m worried about finances, who pays for the attorney fees and debts after a death?

Typically, an heir is not personally responsible for the debts of the deceased person, unless he or she is a co-debtor or borrower on the debt. The costs of the Estate/Probate Attorney are paid from the assets of the deceased person and the heirs are not personally liable for the expense.

What happens if I die without a will?

If a person dies without a will, then the state’s default laws (often referred to as the rules of intestate succession) determine who will inherit the property. If there is a valid will, the assets of the deceased are distributed according to the terms of will.

Do I have to do Probate on the death of my spouse?

Most couples believe that because both of their names are on the bank accounts, vehicles, real estate, and other assets, they do not have to file probate on the death of the first spouse but oftentimes this is not true. It’s best to consult with an attorney after the death of your spouse to determine whether or not probate is necessary.

Am I legally responsible for the debts of my loved one after their death?

Typically an heir is not personally responsible for the debts of the deceased person from whom he or she inherited, unless he or she is a co-debtor or borrower on the debt.

Do I have to do Probate if the person died with no substantial assets?

If a person dies without owning any real estate and a total value of assets less than $100,000.00, then it may be possible to transfer title to the person’s assets outside of probate via the use of a small estate affidavit.

I have been told I need Letters Testamentary, how can I get these?

You may have been told when managing the affairs of a loved one after their passing that you need “Letters Testamentary.” Letters Testamentary is a court-issued document verifying that you are the personal representative of the deceased person’s estate. The only way to acquire Letters Testamentary is to file a probate action.

Finding peace and closure after the death of a loved one is hard enough without wading through a complex system. We’ve helped hundreds of families through this process and are here to protect our client’s best interests and help guide you to success no matter the situation.

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