Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a licensed attorney to discuss your specific situation.
Detailed Answer
When a person dies without a valid will in Idaho and leaves no surviving spouse but has three children, Idaho’s intestate succession law directs how the estate passes. Only probate assets are subject to this process; assets held jointly or with beneficiary designations pass outside probate.
Under Idaho Code § 15-2-103(1) (Idaho Code § 15-2-103), if there is no surviving spouse and the decedent left descendants, those descendants inherit the entire probate estate “by representation.” In practical terms:
- Each of the three children is an equal heir.
- The estate assets are divided into three equal shares, one for each child.
- If any child predeceased the decedent but left their own descendants, that branch would inherit the deceased child’s share per stirpes (per Idaho Code § 15-2-104).
Key steps in Idaho probate when intestate:
- File a petition with the local district court to open probate.
- The court appoints a personal representative (formerly called an executor).
- Identify all probate assets and pay valid debts and expenses.
- Locate and confirm all statutory heirs (in this case, the three children).
- Distribute the remaining assets equally among the children.
For more on opening probate and the personal representative’s duties, see Idaho Code § 15-1-201 et seq.
Helpful Hints
- Inventory all assets subject to probate, including real estate, bank accounts, and personal property.
- Review beneficiary designations—life insurance or retirement plans may bypass probate.
- Gather proof of kinship for each child (birth certificates or adoption records).
- Notify creditors and publish required notices to limit unknown claims.
- Keep detailed records of all transactions the personal representative makes.
- Consider hiring a probate attorney if the estate is complex or if family disputes arise.