Who Inherits If You Die Without a Will in Idaho
Idaho's intestacy rules: who inherits when there is no will, the surviving spouse's share, and how small estates are handled.
Short answer: 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. Idaho Code §§ 15-2-102, 15-2-103
| 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 |
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| Surviving spouse's share | Idaho is a community property state: the surviving spouse already owns half of the community property. For quasi-community property (property acquired while living elsewhere that would have been community property in Idaho), the surviving spouse may elect up to one-half of the augmented quasi-community property estate, and can recover certain transfers the decedent made without the spouse's consent (for example, property the decedent kept control of, or large gifts within two years of death). The deadline to file the election is set in a separate section of the Idaho Code. Source: Idaho Code §§ 15-2-202, 15-2-203 |
| Small estate affidavit | If the probate estate's fair market value, minus liens and encumbrances, is $100,000 or less, a successor can collect money owed to the decedent, tangible personal property, and financial instruments (including securities) by affidavit. The affidavit can be used 30 days after death, and only if no application for a personal representative or summary administration is pending or granted anywhere. The statute covers personal property; it does not provide for transferring real estate. Source: Idaho Code § 15-3-1201 |
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
- 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
- Affidavit of Heirship in Idaho
- How to Avoid Probate in Idaho
- Transferring a Car After Someone Dies in Idaho
- All Idaho wills, probate and estate rules
FAQ
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).
What is a surviving spouse entitled to in Idaho?
Idaho is a community property state: the surviving spouse already owns half of the community property. For quasi-community property (property acquired while living elsewhere that would have been community property in Idaho), the surviving spouse may elect up to one-half of the augmented quasi-community property estate, and can recover certain transfers the decedent made without the spouse's consent (for example, property the decedent kept control of, or large gifts within two years of death).
What is the small estate limit in Idaho?
If the probate estate's fair market value, minus liens and encumbrances, is $100,000 or less, a successor can collect money owed to the decedent, tangible personal property, and financial instruments (including securities) by affidavit. The affidavit can be used 30 days after death, and only if no application for a personal representative or summary administration is pending or granted anywhere. The statute covers personal property; it does not provide for transferring real estate.
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.