Title 15, UNIFORM PROBATE CODE

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)…

15-12-101. Short title. This chapter may be known and cited as the "Uniform Power of Attorney Act."

15-12-102. Definitions. In this chapter: (1) "Agent" means a person granted authority to act for a principal under a power of attorney, whether denominated an agent, attorney-in-fact, or otherwise. The term includes an original agent, coagent, successor agent or a person to which…

15-12-103. Applicability. This chapter applies to all powers of attorney except: (1) A power to the extent it is coupled with an interest in the subject of the power, including, but not limited to, a power given to or for the benefit of a creditor in connection with a credit tran…

15-12-104. Power of attorney is durable. A power of attorney created under this chapter is durable unless it expressly provides that it is terminated by the incapacity of the principal.

15-12-105. Execution of power of attorney. A power of attorney must be signed by the principal or in the principal’s conscious presence by another individual directed by the principal to sign the principal’s name on the power of attorney, including as set forth in section 73-114,…

15-12-106. Validity of power of attorney. (1) A power of attorney executed in this state on or after the effective date of this chapter is valid if its execution complies with section 15-12-105, Idaho Code. (2) A power of attorney executed in this state before the effective date …

15-12-107. Meaning and effect of power of attorney. The meaning and effect of a power of attorney is determined by the law of the jurisdiction indicated in the power of attorney and, in the absence of an indication of jurisdiction, by the law of the jurisdiction in which the powe…

15-12-108. Nomination of conservator — relation of agent to court-appointed fiduciary. [effective until January 1, 2027] (1) In a power of attorney, a principal may nominate a conservator of the principal’s estate for consideration by the court if protective proceedings for the p…

15-12-109. When power of attorney effective. (1) A power of attorney is effective when executed unless the principal provides in the power of attorney that it is to become effective at a future date or upon the occurrence of a future event or contingency. (2) If a power of attorn…

15-12-110. Termination of power of attorney or agent’s authority. (1) A power of attorney terminates when: (a) The principal dies; (b) The principal becomes incapacitated, if the power of attorney is not durable; (c) The principal revokes the power of attorney; (d) The power of a…

15-12-111. Coagents and successor agents. (1) A principal may designate two (2) or more persons to act as coagents. Unless a power of attorney otherwise provides, each coagent may exercise its authority independently. (2) A principal may designate one (1) or more successor agents…

15-12-112. Reimbursement and compensation of agent. Unless the power of attorney otherwise provides, an agent is entitled to reimbursement of expenses reasonably incurred on behalf of the principal and to compensation that is reasonable under the circumstances.

15-12-113. Agent’s acceptance. Except as otherwise provided in the power of attorney, a person accepts appointment as an agent under a power of attorney by exercising authority or performing duties as an agent or by any other assertion or conduct indicating acceptance.

15-12-114. Agent’s duties. (1) Notwithstanding provisions in a power of attorney, an agent that has accepted appointment shall: (a) Act in accordance with the principal’s reasonable expectations to the extent actually known by the agent and, otherwise, in the principal’s best int…

15-12-115. Exoneration of agent. A provision in a power of attorney relieving the agent of liability for breach of duty is binding on the principal and the principal’s successors in interest except to the extent the provision: (1) Relieves the agent of liability for breach of dut…

15-12-116. Judicial relief. (1) The following persons may petition a court to construe a power of attorney or review the agent’s conduct, and grant appropriate relief: (a) The principal or the agent; (b) A guardian, conservator or other fiduciary acting for the principal; (c) A p…

15-12-117. Agent’s liability. An agent that violates this chapter is liable to the principal or the principal’s successors in interest for the amount required to: (1) Restore the value of the principal’s property to what it would have been had the violation not occurred; and (2) …

15-12-118. Agent’s resignation — Notice. If a power of attorney does not provide the method for an agent’s resignation, an agent may resign by giving written notice to the principal and, if the principal is incapacitated: (1) To the conservator or guardian, if one (1) has been ap…

15-12-119. Acceptance of and reliance upon an acknowledged power of attorney. (1) For purposes of this section and section 15-12-120, Idaho Code, "acknowledged" means purportedly verified before a notary public or other individual authorized to take acknowledgments. (2) A person …

15-12-120. Liability for refusal to accept an acknowledged power of attorney. (1) Except as otherwise provided in subsection (2) of this section: (a) A person must either accept an acknowledged power of attorney or request an agent’s certification, a translation or an opinion of …

15-12-121. Principles of law and equity. Unless displaced by a provision of this chapter, the principles of law and equity supplement this chapter.

15-12-122. Laws applicable to financial institutions and entities. This chapter does not supersede any law applicable to financial institutions or other entities, and the other law controls if inconsistent with this chapter.

15-12-123. Remedies under other law. The remedies under this chapter are not exclusive and do not abrogate any right or remedy under the law of this state.

15-12-201. Authority that requires specific grant — Grant of general authority. (1) An agent under a power of attorney may exercise the following authority on behalf of the principal or with the principal’s property only if the power of attorney expressly grants the agent the aut…

15-12-202. Incorporation of authority. (1) An agent has authority described in this part if the power of attorney refers to general authority with respect to the descriptive term for the subjects stated in sections 15-12-204 through 15-12-217, Idaho Code, or cites the section in …

15-12-203. Construction of authority generally. Except as otherwise provided in the power of attorney, by executing a power of attorney that incorporates by reference a subject described in sections 15-12-204 through 15-12-217, Idaho Code, or that grants to an agent authority to …

15-12-204. Real property. Unless a power of attorney otherwise provides, language in a power of attorney granting general authority with respect to real property authorizes the agent to: (1) Demand, buy, lease, receive, accept as a gift or as security for an extension of credit o…