Avoiding Probate in Idaho Via Affidavit
Probate can cause expense and delays in real estate transactions, but a Lack of Probate Affidavit can be used to transfer property from a deceased owner to their heirs. However, using this affidavit can create a title defect, making the title unmarketable. Insurable versus marketable title is a concept used in real estate law, where a title company may still insure over defects, making the title insurable even if not marketable. The Lack of Probate Affidavit can be used in certain situations but should be validated by title insurance companies and buyers to ensure marketable title can be conveyed.