I.C. 15-3-801
When a loved one dies, there are many questions you may be asking yourself. One of which may be, how do I discharge the debts incurred by the decedent?
***This blog post will specifically discuss the laws of the State of Idaho and these rules may vary,
depending on which state you live in. ***
What is a Notice to Creditors?
A Notice to Creditors is required during the probate process. In Idaho, Notice is published in a
newspaper of general circulation, in the County where the decedent was domiciled and where the probate opened. The Notice to Creditors is published once a week for three consecutive weeks. Then, creditors are given four months to establish a claim against the decedent and/or decedent’s estate or “be forever barred.” This means that if they do not file within the four month time frame, the creditor will not get whatever they are owed from the decedent or the decedent’s estate.
A personal representative may also give written notice directly to a known creditor, by mail or other delivery, notifying the creditor of the probate along with the four month time frame (or 60 days after the mailing or delivery, whichever is later) to present their claim. This stage in the probate process occurs after the application for probate has been accepted by a magistrate judge and before the distribution of assets to beneficiaries.
If you need help filing a probate, give us a call at: (208) 255-8484.