Detailed Answer
Intestate Succession Under Idaho Law
When a homeowner dies without a will in Idaho, state law governs how their property passes. Idaho Code Title 15, Chapter 2 (Idaho Code §15-2-101 et seq.) sets out the rules of intestate succession. If the decedent leaves a spouse and children, the spouse typically receives the first $100,000 of the estate plus half of the remaining balance, and the children share the rest equally.
Appointing a Personal Representative
To transfer the title, an heir must open a probate case. Under Idaho Code Title 15, Chapter 3 (Idaho Code §15-3-1 et seq.), the court appoints a personal representative (PR). Any heir can petition the probate court in the county where the property sits. The court issues Letters of Administration to the PR, giving them authority to manage and distribute estate assets.
Transferring the Title After Probate
Once the PR collects assets and pays debts, they prepare a deed transferring the home to the heirs in their respective shares. All heirs must sign the deed unless the court signs off on a distribution order. The PR then records the deed with the county recorder’s office. Recording provides public notice and legally transfers title.
Using Summary Probate for Small Estates
If the estate’s total value (excluding certain exemptions) falls below Idaho’s small estate threshold, heirs may use summary administration under Idaho Code §15-3-301. This streamlined process can avoid formal probate. The PR files a petition, and if approved, the court issues an order distributing assets directly to heirs.
Recording the New Deed
After the court approves distribution, the PR or heirs execute a new deed (often a quitclaim or executor’s deed). They then submit the deed, along with any affidavits or court orders, to the county recorder. Pay the required recording fee. The recorder stamps the deed, completing the title transfer.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a licensed attorney to discuss your specific situation.
Helpful Hints
- Gather all asset and debt information before starting probate.
- Check Idaho Code §15-2-101 et seq. for detailed intestacy rules.
- Consider summary probate if the estate falls under the small estate limit.
- Obtain certified death certificates for the probate court.
- Record deeds promptly to avoid title disputes.