Probate in Boise Idaho is the process through which legal title to property is transferred from the decedent's estate to his/her beneficiaries. It is also the process that sets forth the rules pertaining to the payment of creditors of the estate. If an individual dies having a will or ("testate"), the probate court could be asked to ascertain if the will is legitimate and hears any objections to the will. The court also can order that creditors are paid and further supervises the procedure to ensure that property remaining is distributed as per the terms of the will.
If a person dies without having a will or ("intestate"), the probate court names someone to collect all claims against the estate, pay creditors and then distribute all residual property as per the laws of the state. The major distinction between dying testate and dying intestate is that an intestate estate is distributed to heirs in accordance with the distribution plan developed by state law; a testate estate (after payment of debts, taxes and costs of administration) is distributed in accordance with the instructions supplied by the decedent in his/her will.
