Legal Question in Wills and Trusts in Idaho

How do I Contest a Petition filed for Summary Administration of Estate

My parents had filed a joint Last Will & Testament in 1994, appointing the surviving spouse as Personal Representative to serve w/out bond or other security. Following my fathers death in 1998 my mother filed a ''PETITION FOR SUMMARY ADMINISTRATION OF ESTATE WHERE SURVIVING SPOUSE IS SOLE BENEFICIARY'' with the court. I am an only child and was named Sole Beneficiary in their will after their deaths. A copy of the ''notice of mailing for hearing'' indicates this was mailed to me from mothers attorney. This notice was addressed to me in care of my mother to her P O box. Not sent to my mailing address or even physical address. Petition was granted.What purpose does this petition serve, and if neccesary what steps do I take to protest this?

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Asked on 11/28/01, 4:23 am

1 Answer from Attorneys
Gass Timothy Gass Law Office

Re: How do I Contest a Petition filed for Summary Administration of Estate

If you are listed as the sole beneficiary in the will, I would file a motion contesting the summary administration. A Hearing must be held in these proceedings and your motion can be noticed up for hearing in the same case. I would think that a motion to dismiss is appropriate in such a case. However, I have never done one of these myself so I'm not sure of the outcome. But this would be the procedure.

The court must find that the person is the spouse, must be accompanied by the will and a hearing must be held. If you file an affidavit with you motion alleging that by Decedent's will, she is not the sole beneficiary, then you should be able to get the summary administration dismissed.

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Answered on 11/28/01, 1:58 pm


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