Is simple probate possible if there is a home involved?

Full question:

My mother passed on 1/5/2010. She left a will naming my youngest sister as executor and beneficiary of a small life insurance policy _$5,000.The only other assets she had was a checking account @_$2,000, and her personal belongings with a value of _$500-1000 (?) Her home in Nampa Idaho has a mortgage owing of _$90,000 and her only other debt was a credit card with an outstanding balance of _$3000 Initially we understood my sister could file a 'simple' probate, but arepresentative with Ada County 'probate help desk' advised us that since there is a home involved that is not possible. Is that the case? Would an 'unsupervised or independent' probate be appropriate/necessary?

• Category: Wills and Estates
• Subcategory: Small Estates
• Date: 04/07/2025
• State: Idaho

Answer:

In Idaho, an estate can qualify for small estate administration if the total value of the estate, minus debts, is less than one hundred thousand dollars ($100,000). Other conditions include that thirty days have passed since the person's death, no probate application is pending, and the claimant is entitled to the assets. A life insurance policy typically passes outside probate because it designates a beneficiary.

However, since your mother owned a home with a mortgage, this complicates the situation. If the home is part of the estate, it may require a formal probate process. An independent or unsupervised probate could be appropriate, allowing the executor to manage the estate without court oversight, depending on the circumstances.

Be aware that any debts, including the mortgage and credit card debt, must be settled before distributing assets. If the estate lacks sufficient funds to cover these debts, the estate may have to be divided among creditors as per Idaho law.

For specific guidance, consider consulting with a probate attorney familiar with Idaho law.