Probate in Idaho: What Your Family Goes Through Without a Will

Dying with assets titled in your own name in Idaho generally means probate, save for a few exceptions. If the deceased does not have a will, this is called intestate succession. An estate will go through probate in Idaho if there is no will, with a few exceptions.

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A handful of assets sidestep probate on their own.

• Any life insurance policies that have a designated beneficiary.

• Any retirement accounts with a designated beneficiary.

• Any bank or brokerage accounts with a payable-on-death or transfer-on-death designation.

• Any property owned jointly with right of survivorship.

If an estate doesn‘t have any of the above already stipulated, an estate without a will does go through probate in Idaho. If the personal property is valued at $100,000 or less, and at least 30 days have passed since the death, you can use a small estate affidavit instead of full probate.

Succession Laws Without a Will in Idaho

The starting point for inheritance in Idaho is understanding how property is legally owned. Idaho is one of nine community property states. Property acquired during the marriage generally belongs equally to both spouses, so a surviving spouse already owns half of it outright, and inherits the decedent's half too. Only separate property, acquired before the marriage or by gift or inheritance, is split under intestate succession rules.

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If none of the exceptions above apply, the estate will go through probate and be distributed as follows.

• If you are married with descendants, your spouse inherits your entire half of the community property, plus 1/2 of your separate property. Your children inherit the other 1/2 of your separate property.

• If you are married with no children but living parents, your spouse inherits your entire half of the community property, plus 1/2 of your separate property. Your parents inherit the other 1/2 of your separate property.

• If you are married with no children and no living parents, your spouse inherits everything.

• If you have children but no spouse, your children inherit everything, divided equally.

• If you have no spouse and no children, your parents will receive your estate in its entirety.

Idaho Probate Process

Idaho probate is filed through the Magistrate Division of the District Court in the county where the deceased lived, and most estates take 4 to 12 months to close. Idaho has no state estate or inheritance tax, and community property gets a double step-up in tax basis at death, which can meaningfully reduce capital gains for the surviving spouse.

Avoiding Probate in Idaho

Skipping probate is usually possible with a little planning. Here's how it's typically done.

• Put your assets in a revocable living trust. A living trust lets you have full control over your estate as the trustee. You name a successor trustee who manages who inherits what after you are gone.

• Name beneficiary designations on financial and retirement accounts. A payable-on-death (POD) designation will specify who receives money in financial accounts. A transfer-on-death (TOD) designation names a new owner when it comes to retirement.

• Establish joint ownership with right of survivorship, or title real estate as community property with right of survivorship, so it passes directly to your spouse.

• Keep in mind that Idaho does not allow transfer-on-death deeds for real estate, unlike most of its neighbors, so a trust or joint ownership is the more reliable route for a home here.

Want to learn more about trusts in Idaho? Review these requirements for a revocable living trust.