The Public Administrator is a branch of the Treasurer’s Office responsible for investigating, managing, and administering certain cases of deceased Ada County residents.
The Treasurer, as ex-officio Public Administrator, has the legal authority in accordance with Idaho Code 14-102 to take custody of the property of a decedent, investigate the decedent’s assets and obligations, and locate the decedent’s family. The Public Administrator may open probate for the decedent’s estate or refer the estate to the appropriate party for administration.
Generally, the court may appoint a Public Administrator under the following circumstances:
- When no executor, personal representative, or administrator has been appointed and the decedent’s property is uncared for or subject to loss, injury, or waste;
- When ordered by the court;
- When there are no known heirs of the decedent’s estate;
- When an heir who resides outside of the state of Idaho requests the Public Administrator to administer the decedent’s estate;
- When the named Executor fails to act and no other person has a preferred right.
If you incurred charges with the decedent, you may be a creditor of the estate. Creditors must file a Creditor’s Claim and supporting documents within four (4) months after the Notice by Publication is published, or 60 days after a Notice to Known Creditors is filed with the court. After such a timeframe elapses, claims are barred against the estate.
Creditor’s claims are paid at the end of court probate proceedings when sufficient estate funds are available.
In the event an estate has insufficient funds to satisfy the decedent’s debts, claims are paid on a priority basis per Idaho Code 15-3-805.
The timeline for an estate varies depending on the complexity of the estate, as well as the availability of the courts. Estate administration takes a minimum of eight (8) months, but on average, takes 18 months to complete.
Public auctions are held by Musick Auction. Individuals who wish to obtain auction dates or preview information regarding upcoming personal property auctions may go to the auctioneer’s website at musickauction.com. Items are sold “as is, where is”.
Real property will be appraised and listed for sale. The Public Administrator may choose to do a private sale via a realtor, or the property may be auctioned. All properties are sold “as is, where is.”
Employees of Ada County and members of their immediate family may not participate in the auctions conducted on behalf of the Public Administrator.
Estate distribution will occur upon completion and approval of the final accounting. The Public Administrator maintains all estate funds in secure, insured accounts until needed to pay claims and other expenses of the estate. All assets are safeguarded until sold or distributed.