Can I Elect to Receive a Life Estate Instead of an Intestate Share in Idaho? | Idaho Probate

Disclaimer: This article is for educational purposes only and does not constitute legal advice.

Detailed Answer

Under Idaho law, heirs inherit based on statutes governing intestate succession. Idaho Code Title 15, Chapter 2 governs distribution when someone dies without a will (Idaho Code § 15-2-101 et seq.). These provisions set fixed shares for a surviving spouse, children, parents, and other relatives.

Idaho law does not provide an option to elect a life estate interest instead of taking an intestate share. Instead, the law outlines:

Statutory shares under Idaho Code § 15-2-201 through § 15-2-206 (Chapter 2).
Homestead allowance under Idaho Code § 15-6-201 (Chapter 6).
Family allowance under Idaho Code § 15-6-202 (Chapter 6).
Exempt personal property up to certain limits under Idaho Code § 15-6-203 (Chapter 6).

For example, if John Doe dies intestate survived by a spouse and one child, Idaho Code § 15-2-201(a) gives one-half of the estate to the spouse and one-half to the child. The spouse cannot elect to receive a life estate in the home; instead, the spouse may claim a homestead allowance (up to $100,000 in value) and exempt personal property in addition to the statutory share.

Helpful Hints

Review Idaho Code Title 15, Chapter 2 for heirs’ shares.
Consider homestead and family allowances under Title 15, Chapter 6 before distribution.
Consult a qualified probate attorney to ensure proper allowance claims.
Gather a full inventory of estate assets to calculate shares accurately.
File necessary probate documents promptly to protect your interests.