All Laws Decoded

Affidavit of Heirship in Idaho

Whether Idaho lets heirs prove inheritance of real estate by affidavit or court determination of heirship, and who inherits.

Short answer: No statute. Idaho has no statutory affidavit of heirship for real estate, and the small estate affidavit covers personal property only. Idaho Code §§ 15-3-1201, 15-3-1205

Affidavit / determination of heirshipNo statute. Idaho has no statutory affidavit of heirship for real estate, and the small estate affidavit covers personal property only. Real estate generally passes through probate (or surviving spouse summary administration when the spouse is the sole heir or beneficiary), unless it passes by joint tenancy, community property with right of survivorship, or a trust.
Who inherits without a willSeparate property: the surviving spouse takes everything if the decedent left no descendants and no parent; one-half if the decedent left a parent but no descendants; one-half if the decedent left descendants. Community property: the decedent's half of the community property goes to the surviving spouse. Whatever does not go to the spouse goes to descendants (equally by generation), then parents, then the parents' descendants (siblings and their lines), then grandparents or their descendants (half to each side).

More Idaho estate law

FAQ

Does Idaho have an affidavit of heirship?
No statute. Idaho has no statutory affidavit of heirship for real estate, and the small estate affidavit covers personal property only. Real estate generally passes through probate (or surviving spouse summary administration when the spouse is the sole heir or beneficiary), unless it passes by joint tenancy, community property with right of survivorship, or a trust.
Who inherits if someone dies without a will in Idaho?
Separate property: the surviving spouse takes everything if the decedent left no descendants and no parent; one-half if the decedent left a parent but no descendants; one-half if the decedent left descendants. Community property: the decedent's half of the community property goes to the surviving spouse. Whatever does not go to the spouse goes to descendants (equally by generation), then parents, then the parents' descendants (siblings and their lines), then grandparents or their descendants (half to each side).

General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.