TITLE 15

UNIFORM PROBATE CODE

CHAPTER 8

TRUST AND ESTATE DISPUTE RESOLUTION ACT

PART 2.

JUDICIAL RESOLUTION

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 proceeding relating to the same trust or estate or nonprobate asset.

(3)  Once commenced, the action may be consolidated with an existing proceeding or converted to a separate action upon the motion of a party for good cause shown, or by the court on its own motion.

(4)  The Idaho rules of civil procedure apply to judicial proceedings under this chapter only to the extent that they are consistent with this chapter, unless otherwise provided by Idaho Code, or ordered by the court under section 15-8-102, Idaho Code, or provided by other applicable Idaho rules of civil procedure.

History:

[15-8-202, added 2005, ch. 122, sec. 1, p. 400.]