Revocable Living Trusts in Idaho
How revocable living trusts work under Idaho law and the other ways to pass property without probate.
Short answer: Idaho has not adopted the Uniform Trust Code. Idaho's Uniform Probate Code trust provisions apply, including a duty for the trustee of a trust administered in Idaho to register the trust with the court at its principal place of administration. Idaho Code § 15-7-101
| Revocable living trust | Idaho has not adopted the Uniform Trust Code. Idaho's Uniform Probate Code trust provisions apply, including a duty for the trustee of a trust administered in Idaho to register the trust with the court at its principal place of administration. Assets must be retitled to the trustee to be governed by the trust; trust property passes under its terms without probate, while assets left outside the trust may need probate or a small estate affidavit. Whether a trust is revocable depends on its terms; the Idaho Code sections reviewed do not set a default rule. Source: Idaho Code § 15-7-101 |
|---|---|
| Ways to avoid probate | Non-probate options in Idaho include: joint accounts and P.O.D. accounts, which belong to the surviving party or payee (Idaho Code § 15-6-104); transfer-on-death registration of securities and brokerage accounts (Idaho Code § 15-6-301 and following); community property with right of survivorship and joint tenancy; property in a funded trust (Idaho Code § 15-7-101); the small estate affidavit for probate estates of $100,000 or less (Idaho Code § 15-3-1201); and the heir affidavit for vehicles (Idaho Code § 49-514). Idaho has not adopted a transfer-on-death deed for real estate. |
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
- 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
How do living trusts work in Idaho?
Idaho has not adopted the Uniform Trust Code. Idaho's Uniform Probate Code trust provisions apply, including a duty for the trustee of a trust administered in Idaho to register the trust with the court at its principal place of administration. Assets must be retitled to the trustee to be governed by the trust; trust property passes under its terms without probate, while assets left outside the trust may need probate or a small estate affidavit.
How can you avoid probate in Idaho?
Non-probate options in Idaho include: joint accounts and P.O.D. accounts, which belong to the surviving party or payee (Idaho Code § 15-6-104); transfer-on-death registration of securities and brokerage accounts (Idaho Code § 15-6-301 and following); community property with right of survivorship and joint tenancy; property in a funded trust (Idaho Code § 15-7-101); the small estate affidavit for probate estates of $100,000 or less (Idaho Code § 15-3-1201); and the heir affidavit for vehicles (Idaho Code § 49-514). Idaho has not adopted a transfer-on-death deed for 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.