What Happens if You Die Without a Will in Idaho?
Without a valid will, your estate in Idaho passes according to a fixed legal formula, not your personal wishes. Here's what that formula entails. Because Idaho is a community property state, the rules work a little differently than in most of the country.
If You are Married with Children
Your spouse already owns half of everything acquired during your marriage. Your children inherit a share of your separate property, but not your half of the community property.
- Your spouse inherits your entire half of the community property, plus 1/2 of your separate property. Your children inherit the remaining 1/2 of your separate property.
If You are Married Without Children
- If you still have parents that are living, your spouse inherits your entire half of the community property, plus 1/2 of your separate property. Your parents inherit the remaining 1/2 of your separate property.
- In the event you have no living parents, your spouse inherits everything.
If You Don't Have a Spouse, but Have Children
Your children inherit all of your assets and they are divided equally among those descendants.
If You Don't Have a Spouse or Children
Your parents inherit your estate.
If No Living Relatives Can Be Found
Your property reverts to the state of Idaho. Although some people fear this will be unfairly done, it’s actually not likely given how broadly the state searches for distant living relatives.
Other Things to Know about Dying Without a Will in Idaho
- Only your half of community property and your separate property pass through intestate succession. Your spouse's own half of the community property was never yours to give away.
- Community property receives a double step-up in tax basis at the first spouse's death, which can meaningfully lower future capital gains for the survivor.
- Stepchildren generally don't inherit unless legally adopted.
When Does an Estate Go Through Probate Without a Will
If you die without a will in Idaho, your estate may still avoid full probate if the personal property is valued at $100,000 or less, using a small estate affidavit available 30 days after death. Real estate generally still requires probate or a non-probate transfer like joint ownership, since Idaho doesn't allow transfer-on-death deeds.
Check out this article to learn more about probate in Idaho.
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