Disclaimer: This article is for educational purposes only and does not constitute legal advice.
How Intestacy Works in Idaho
When someone dies without a valid will (intestate), Idaho’s statutes set the order for distributing assets. Chapter 2 of Title 15 governs intestate succession. See Idaho Code § 15-2-101 et seq.
Order of Inheritance
Idaho law ranks heirs in the following order:
- Spouse and Descendants: A surviving spouse receives one-half of the net estate. The decedent’s children share the remainder. See Idaho Code § 15-2-103.
- No Spouse or Descendants: If no spouse or children survive, the estate goes equally to the decedent’s parents (Idaho Code § 15-2-201), then to siblings and their descendants (Idaho Code § 15-2-202).
- Distant Relatives: More remote family members inherit under Idaho Code §§ 15-2-203 through 15-2-207.
- No Heirs: If the court finds no heirs, the estate escheats to the State of Idaho under Idaho Code § 14-106.
Starting Probate
To distribute assets, you must open a probate case in the county where the decedent lived. You file a petition, pay filing fees, and notify all potential heirs. The court appoints a personal representative who inventories assets, pays debts, and distributes property under intestacy rules (Idaho Code §§ 15-3-101 through 15-3-1001).
Helpful Hints
- Search family records and public notices to identify all potential heirs.
- Locate safe-deposit boxes, digital accounts, and unclaimed assets before probate.
- Gather deeds, titles, and account statements to support the estate inventory.
- File probate promptly—Idaho law generally requires action within one year after death.
- Keep clear records of notices sent, debts paid, and assets distributed.