14-120. COSTS AND FEES ALLOWED WHERE HEIR OR CREDITORS REFUSE TO ADMINISTER ESTATE. (1) When an heir or creditor of an estate competent to institute probate proceedings exists, the county treasurer shall not be required to act as public administrator unless an heir or creditor files a petition to appoint a public administrator within one (1) year of the decedent’s death.
(2) All reasonable fees, costs and other expenses of administration may be charged by the public administrator against the estate whenever a decedent dies intestate with heirs or creditors competent to institute probate proceedings who refuse to administer the estate. Such reasonable fees and costs shall be paid pursuant to the provisions of section 15-3-805, Idaho Code.
(3) Reasonable fees and costs shall include, but not be limited to, the costs of the public administrator and staff and fees of the prosecuting attorney, subject to approval by the court.
(4) Reimbursement by the estate to the county for time spent by any county employee or elected official on the administration of any such estate shall be calculated at the actual rate of pay, including benefits, of the individual performing the work.
History:
[14-120, added 1999, ch. 104, sec. 4, p. 330.]
Structure Idaho Code
Title 14 - ESTATES OF DECEDENTS
Chapter 1 - PUBLIC ADMINISTRATORS
Section 14-101 - COUNTY TREASURER AS PUBLIC ADMINISTRATOR — OATH AND BOND — NEW OR ADDITIONAL BOND.
Section 14-102 - ESTATES TO BE ADMINISTERED.
Section 14-103 - AUTHORITY PRIOR TO APPOINTMENT — PROCUREMENT OF LETTERS.
Section 14-104 - DEATH OF INTESTATE STRANGER — PUBLIC ADMINISTRATOR TO BE NOTIFIED.
Section 14-105 - INVENTORY BY PUBLIC ADMINISTRATOR — PROCEDURES AND DISTRIBUTION OF RESIDUAL.
Section 14-106 - DELIVERY OF ESTATE TO EXECUTOR.
Section 14-107 - OFFICIALS TO NOTIFY ADMINISTRATOR OF DECEDENT’S PROPERTY.
Section 14-108 - SUITS TO RECOVER PROPERTY.
Section 14-109 - EXAMINATION OF ALLEGED EMBEZZLERS.
Section 14-110 - CONDUCT OF EXAMINATION — CONTEMPT.
Section 14-111 - PUBLIC ADMINISTRATOR — COURT MAY REQUIRE ACCOUNT.
Section 14-112 - RETURNS BY PUBLIC ADMINISTRATOR.
Section 14-113 - UNCLAIMED MONEYS — PAYMENT INTO PUBLIC SCHOOL PERMANENT ENDOWMENT FUND — ESCHEAT.
Section 14-114 - PUBLIC ADMINISTRATOR — RESTRICTION ON INTEREST IN AFFAIRS OF ESTATE.
Section 14-115 - PROCEEDINGS AGAINST PUBLIC ADMINISTRATOR.
Section 14-116 - PROVISIONS OF PROBATE CODE — APPLICATION TO PUBLIC ADMINISTRATOR.
Section 14-118 - PROSECUTING ATTORNEY TO REPRESENT PUBLIC ADMINISTRATOR.
Section 14-119 - EFFECT OF DISCOVERY OF HEIR.
Section 14-120 - COSTS AND FEES ALLOWED WHERE HEIR OR CREDITORS REFUSE TO ADMINISTER ESTATE.