What to do if your parent died without a will in Idaho: a clear step-by-step guide

If your mother died without a will and her estate must be distributed in Idaho, you can still claim your lawful share. This guide explains the common steps, documents, and legal processes under Idaho law, and points you to the statutes and resources you will need.

Important disclaimer

This is general information, not legal advice. I am not a lawyer. For advice about your specific situation, contact a licensed Idaho attorney or the probate court in the county where your mother lived.

Overview — how intestate succession works in Idaho

When someone dies without a valid will, Idaho law (intestate succession) determines who inherits and in what proportions. The rules identify who the decedent’s heirs are (for example, spouse, children, parents, siblings) and how the estate is divided among them. See Idaho Code, Title 15, Chapter 2 for the full rules: Idaho Code Title 15, Chapter 2 — Intestate Succession.

Step-by-step: how to claim your share

Confirm there is no valid will. Check whether your mother left a will. If one exists, it must usually be filed with the probate court in the county where she lived.
Identify the probate county and court. Probate normally happens in the county where the decedent lived. Contact that county’s probate clerk or the Idaho Judicial Branch for local filing requirements: Idaho Judicial Branch.
Gather documents you will need. Typical documents include the death certificate, your photo ID, proof of your relationship (birth certificate, adoption records), a list of assets (bank accounts, real estate, vehicles, retirement accounts), and copies of any title or account records.
Determine whether probate is required. Some estates qualify for simpler procedures (often called a small-estate or affidavit procedure). If the estate’s assets are small or consist mainly of personal property (not real estate), you may be able to collect assets with an affidavit rather than full formal probate. Check Idaho probate rules and statutes for small-estate procedures: Idaho Code Title 15, Chapter 3 — Probate of Wills and Administration.
Open an estate (if necessary). If probate is required, file a petition with the probate court to open the estate and ask the court to appoint a personal representative (sometimes called an administrator). The court will notify potential heirs and creditors.
Establish heirship and the distribution plan. Under Idaho’s intestacy statutes, the court will determine heirs and direct distribution. If the decedent is survived only by children, the estate typically divides among them equally. If there is a surviving spouse, children and spouse shares are determined by the statutes. See the intestacy chapter for exact rules: Idaho Code Title 15, Chapter 2.
Receive your share. Once the court approves the final account or the personal representative distributes assets consistent with law and the court’s directions, you receive your share either in cash or by transfer of specific property.

Common scenarios and practical notes

No spouse, children only: Generally the estate is divided equally among the children.
Surviving spouse and children: Idaho’s statutes specify how a spouse and children share the estate. The exact shares depend on whether the children are also children of the surviving spouse. See Idaho Code Title 15, Chapter 2 for details.
Only a surviving spouse and no children: The spouse typically inherits the estate under intestacy rules.
Property held jointly or with beneficiary designation: Jointly titled property with right of survivorship, payable-on-death accounts, and accounts with named beneficiaries usually pass outside probate to the surviving owner or beneficiary.

What to expect from the probate process

The personal representative duties include locating assets, notifying heirs and creditors, paying valid debts and taxes, and distributing the remaining property. The court supervises these steps. There are timelines for creditor claims and required accountings. See Idaho Code Title 15, Chapter 3 for administration rules and duties.

Documents and information to collect right away

Certified copy of the death certificate (obtain several copies).
Identification and proof of your relationship to the decedent (birth certificate, adoption records).
Titles and deeds for real estate and vehicles.
Bank and investment account statements, including beneficiary designations.
Insurance policies, retirement account statements, and Social Security information.
List of known debts: mortgages, loans, credit cards, medical bills.

Helpful Hints

Start early. Some steps—like publishing a notice to creditors and filing probate petitions—have strict timing requirements.
Keep careful records. Keep copies of all filings, notices, receipts, and communications about estate assets and distributions.
Check for payable-on-death or beneficiary designations before opening probate; those assets may transfer directly outside probate.
Consider the small-estate procedure if assets are limited; it can be faster and less expensive than full probate. Review Idaho’s probate statutes and local court rules.
If heirs disagree, expect the process to take longer. Disputes may require court hearings and possibly mediation or litigation.
When in doubt, consult a licensed Idaho probate attorney. Even a short consult can clarify whether you qualify for a simplified procedure and how the statutes apply to your facts.

Where to get official information and next steps

Read Idaho’s intestate succession and probate statutes:

Contact the probate clerk in the county where your mother lived. If you need legal advice about your rights or how the statutes apply to your family situation, speak to a licensed Idaho attorney.