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 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. |
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| Who inherits without a will | 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). Source: Idaho Code §§ 15-2-102, 15-2-103 |
More Idaho estate law
- Medical Power of Attorney in Idaho
- Small Estate Affidavit in Idaho
- Power of Attorney in Idaho
- Quitclaim Deeds and Transferring Property in Idaho
- Who Inherits If You Die Without a Will in Idaho
- How to Make a Valid Will in Idaho
- How Probate Works in Idaho
- Living Wills and Advance Directives in Idaho
- Revocable Living Trusts in Idaho
- Executor Duties in Idaho
- Letters Testamentary in Idaho
- How to Avoid Probate in Idaho
- Transferring a Car After Someone Dies in Idaho
- All Idaho wills, probate and estate rules
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.