TITLE 15

UNIFORM PROBATE CODE

CHAPTER 5

PROTECTION OF PERSONS UNDER DISABILITY AND THEIR PROPERTY [EFFECTIVE UNTIL JANUARY 1, 2027] UNIFORM GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE ARRANGEMENTS ACT [EFFECTIVE JANUARY 1, 2027]

PART 4

PROTECTION OF PROPERTY OF PERSONS UNDER DISABILITY AND MINORS [EFFECTIVE UNTIL JANUARY 1, 2027] CONSERVATORSHIP [EFFECTIVE JANUARY 1, 2027]

15-5-427.  Preservation of estate plan. [effective until January 1, 2027] In investing the estate, and in selecting assets of the estate for distribution under subsections (a) and (b) of section 15-5-425 of this Part, in utilizing powers of revocation or withdrawal available for the support of the protected person, and exercisable by the conservator or the court, the conservator and the court should take into account and preserve insofar as possible any known estate plan of the protected person, including his will, any revocable trust of which he is settlor, and any contract, transfer or joint ownership arrangement with provisions for payment or transfer of benefits or interests at his death to another or others which he may have originated. The conservator may examine the will of the protected person.

15-5-427.  DEATH OF INDIVIDUAL SUBJECT TO CONSERVATORSHIP. [effective January 1, 2027] (1) If an individual subject to conservatorship dies, the conservator shall deliver to the court for safekeeping any will of the individual subject to conservatorship in the conservator’s possession and inform the personal representative named in the will if feasible, or if not feasible, a beneficiary named in the will, of the delivery.

(2)  If forty (40) days after the death of an individual subject to conservatorship no personal representative has been appointed and no application or petition for appointment is before the court, the conservator may apply to exercise the powers and duties of a personal representative to administer and distribute the decedent’s estate. The conservator shall give notice to a person nominated as personal representative by a will of the decedent of which the conservator is aware. The court may grant the application if there is no objection and endorse the letters of office to note that the individual formerly subject to conservatorship is deceased and the conservator has acquired the powers and duties of a personal representative.

(3)  Issuance of an order under this section has the effect of an order of appointment of a personal representative under section 15-3-307, Idaho Code, and parts 6 through 10 of chapter 3, title 15, Idaho Code.

(4)  Upon the death of an individual subject to conservatorship, the conservator shall conclude the administration of the conservatorship estate as provided in section 15-5-431, Idaho Code.

History:

[15-5-427, added 1971, ch. 111, sec. 1, p. 233; am. 1972, ch. 201, sec. 21, p. 510; repealed and added 2026, ch. 79, sec. 6, p. 380.]