The Claim After A Death
Idaho Code § 15-3-801 and Idaho Code § 15-3-803 — four months after the notice to creditors, and three years at the outside
A personal representative may publish a notice to creditors once a week for three successive weeks in a county newspaper, telling creditors to present their claims within four months of the first publication or be forever barred.
Four months, or sixty days from a letter. A creditor who gets written notice by mail or delivery has until four months after the published notice, or sixty days after the letter, whichever is later.
Three years at the outside. A claim that arose before the death is barred against the estate, the personal representative and the heirs unless presented within three years of the death, or within the notice periods if those end sooner. State tax claims are the exception.
Where medical assistance was paid for the person at fifty-five or older, the personal representative gives the state written notice as the medical assistance law requires.
The personal representative is not liable to a creditor or an heir for giving or not giving notice. A particular estate is a question for a licensed Idaho attorney.
Sources for this section (2)
- Idaho Code § 15-3-801 — Notice to creditors
- Idaho Code § 15-3-803 — Limitations on presentation of claims
Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed Idaho attorney.