15-3-111. JOINT PROBATE ON DEATH OF SURVIVOR OF MARRIAGE DISSOLVED BY DEATH. In cases in which a marital community has been dissolved by the death of either spouse at any time, the survivor was then entitled to all of the property of the decedent by will, law, or both, and the survivor died before any proceeding had been commenced for the probate of the estate of the spouse whose death occurred first, the estates of both decedents may be joined for probate in a single proceeding in any court having jurisdiction of the estate of the spouse whose death occurred last. The three (3) year provision of section 15-3-108, Idaho Code, applies only to the death of the spouse whose death occurred last. The initial application or petition filed in any such joint proceeding shall contain a statement of the facts upon which such joint proceeding is based, in addition to all other statements required by this code to be made therein.
History:
[15-3-111, added 1973, ch. 26, sec. 1, p. 50; am. 1995, ch. 168, sec. 1, p. 651.]
Structure Idaho Code
Title 15 - UNIFORM PROBATE CODE
Chapter 3 - PROBATE OF WILLS AND ADMINISTRATION
Section 15-3-101 - DEVOLUTION OF ESTATE AT DEATH — RESTRICTIONS.
Section 15-3-102 - NECESSITY OF ORDER OF PROBATE FOR WILL.
Section 15-3-103 - NECESSITY OF APPOINTMENT FOR ADMINISTRATION.
Section 15-3-104 - CLAIMS AGAINST DECEDENT — NECESSITY OF ADMINISTRATION.
Section 15-3-106 - CIVIL LITIGATION — NOTICE.
Section 15-3-107 - SCOPE OF PROCEEDINGS — PROCEEDINGS INDEPENDENT — EXCEPTION.
Section 15-3-108 - PROBATE — TESTACY AND APPOINTMENT PROCEEDINGS — ULTIMATE TIME LIMIT.
Section 15-3-109 - STATUTES OF LIMITATION ON DECEDENT’S CAUSE OF ACTION.
Section 15-3-111 - JOINT PROBATE ON DEATH OF SURVIVOR OF MARRIAGE DISSOLVED BY DEATH.