Title 15, UNIFORM PROBATE CODE

15-8-101. Title — Purpose. (1) This chapter shall be known and may be cited as either the "Trust and Estate Dispute Resolution Act" or "TEDRA." (2) The overall purpose of this chapter is to set forth generally applicable statutory provisions for the resolution of disputes and oth…

15-8-102. General powers of courts — Intent — Plenary power of the court. (1) It is the intent of the legislature that the courts shall have full and ample power and authority under this chapter to administer and settle: (a) All matters concerning the estates and assets of incapa…

15-8-103. Definitions. The definitions in this section apply throughout this chapter unless the context clearly requires otherwise: (1) "Matter" includes any issue, question or dispute involving: (a) The determination of any class of creditors, devisees, legatees, heirs, next of …

15-8-201. Persons entitled to judicial proceedings for declaration of rights or legal relations. (1) Any party may have a judicial proceeding for the declaration of rights or legal relations with respect to: (a) Any matter, as defined in section 15-8-103, Idaho Code; (b) The reso…

15-8-202. Judicial proceedings. (1) The provisions of this chapter shall control over any inconsistent provision of the Idaho rules of civil procedure. (2) A judicial proceeding under this chapter may be commenced as a new action or as an action incidental to an existing judicial…

15-8-203. Procedural rules. The Idaho rules of civil procedure apply to all proceedings under part 2 of this chapter.

15-8-204. Notice in judicial proceedings under this chapter requiring notice. (1) Subject to section 15-8-207, Idaho Code, in all judicial proceedings under this chapter that require notice, the notice must be personally served on or mailed to all parties or the parties’ virtual …

15-8-205. Application of doctrine of virtual representation. (1) This section is intended to adopt the common law concept of virtual representation. This section supplements the common law relating to the doctrine of virtual representation and the provisions of section 15-1-403, …

15-8-206. Special notice. Nothing in this chapter eliminates the requirement to give notice to a person who has filed a demand for notice pursuant to section 15-3-204, Idaho Code.

15-8-207. Waiver of notice. Notwithstanding any other provision of this chapter, notice of a hearing does not need to be given to a legally competent person who has waived in writing notice of the hearing in person or by attorney, or who has appeared at the hearing without object…

15-8-208. Cost — Attorney’s fees. (1) Either the district court or the court on appeal may, in its discretion, order costs, including reasonable attorney’s fees, to be awarded to any party: (a) From any party to the proceedings; (b) From the assets of the estate or trust involved…

15-8-209. Appointment of a guardian ad litem. (1) The court, upon its own motion or upon request of one (1) or more of the parties, at any stage of a judicial proceeding or at any time in a nonjudicial resolution procedure, may appoint a guardian ad litem to represent the interes…

15-8-210. Trial by jury. If a party is entitled to a trial by jury and a jury is demanded, and the issues are not sufficiently made up by the written pleadings on file, the court, on due notice, shall settle and frame the issues to be tried. Any jury for any proceeding under this…

15-8-211. Execution on judgments. Judgment on the issues, as well as for costs, may be entered and enforced by execution or otherwise by the court as in civil actions.

15-8-212. Appellate review. An interested party may seek appellate review of a final order, judgment, or decree of the court respecting a judicial proceeding under this chapter. The review must be done in the manner and way provided by law for appeals in civil actions.

15-8-301. Purpose. The purpose of this part 3 is to provide a binding nonjudicial procedure to resolve matters through written agreements among the parties interested in the estate or trust. The procedure is supplemental to, and may not derogate from, any other proceeding or prov…

15-8-302. Binding agreement. Sections 15-8-301 through 15-8-305, Idaho Code, shall be applicable to the resolution of any matter, as defined in section 15-8-103, Idaho Code, other than matters subject to chapter 5, title 15, Idaho Code, or a trust for a minor or other incapacitat…

15-8-303. Entry of agreement with court — Effect. (1) Any party, or a party’s legal representative, may file the written agreement or a memorandum summarizing the written agreement with the court having jurisdiction over the estate or trust. However, if a special representative i…

15-8-304. Judicial approval of agreement. Within thirty (30) days of execution of the agreement by all parties, the special representative may notice a hearing for presentation of the written agreement to a court of competent jurisdiction. The special representative shall provide…

15-8-305. Special representative. (1) (a) The personal representative or trustee may petition the court having jurisdiction over the matter for the appointment of a special representative to represent a person who is interested in the estate or trust and: (i) Who is a minor; (ii)…