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socrateaser
socrateaser, Lawyer
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Experience:  Retired (mostly)
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I am the Personal Representative of my Dads will. Do I need

Customer Question

I am the Personal Representative of my Dad's will. Do I need to file with the State of Idaho
to be able to sell his house?
Submitted: 2 years ago.
Category: Legal
Expert:  P. Simmons replied 2 years ago.
Thanks for the chance to help. I am an attorney with over 12 years experience. Hopefully I can help you with your legal question.

Yes. You will...that is, you will need to apply to the probate court, with the original will, to begin probate.

It is the court, not the testator (the person who makes the will) that decides will will perform as executor (the person who administers the estate).

Now, in the vast majority of cases, the court will appoint the person listed in the will to administer the estate. But you have to apply to the court to start the process

If you contact the clerk of the court for the probate court in the county where the home is located they can provide you the froms to start the process

Now, if the total value of the estate is less than $100K there is a streamlined process you can use which would not require a full probate.

Once you start the process, the court will provide you with documentation which will allow you to sell the home as executor.


Customer: replied 2 years ago.
I am the "Personal Representative" not executor. There is a diffence. We should not have to go through probate. The house will be listed for $95000. My question is does the State of Idaho need to certifiey me?
Expert:  P. Simmons replied 2 years ago.
I am going to send this on to another expert who may be able to assist.

Hang on please...
Customer: replied 2 years ago.
still waiting for an answer
Expert:  socrateaser replied 2 years ago.
Hello,

Different contributor here. Please permit me to assist. You asked:

I am the "Personal Representative" not executor. There is a diffence. We should not have to go through probate. The house will be listed for $95000. My question is does the State of Idaho need to certifiey me?


A: A personal representative (PR) is appointed by the probate court via letters testamentary to act on behalf of the decedent's estate. ID Stat. 15-3-715(23) authorizes the PR to sell, mortgage or lease real estate of the decedent. If you have letters from the court, then you are the official PR, and no other certification is necessary to sell the property.

Hope this helps.

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