Disclaimer: This article is for informational purposes only and does not constitute legal advice. For guidance on your specific situation, consult a licensed attorney.
Detailed Answer
When someone dies without a valid will, theyre considered to have died intestate. In Idaho, intestate succession follows the order set out in Idaho Code Title 15, Chapter 2. To determine your fathers intestate heirs, follow these steps:
- Confirm there is no will. Check with the probate court in the county where your father lived and search any personal records for a signed will. If one exists, intestate rules wont apply.
- Identify a surviving spouse or domestic partner. Under Idaho Code § 15-2-201, if your father was married or in a registered domestic partnership, the spouse may inherit all or part of the estate, depending on whether there are surviving descendants.
- List lineal descendants. If theres a surviving spouse and children, they split the estate. If theres no spouse, children and further descendants (grandchildren) inherit per their share (Idaho Code § 15-2-201). Adopted children count equally to biological children.
- Consider parents and siblings. If theres no spouse or descendants, surviving parents inherit everything. If none, the estate passes equally to siblings and their descendants under Idaho Code § 15-2-106.
- Trace further relatives. If no immediate family exists, more distant heirs (grandparents, aunts, uncles, cousins) may qualify under Idaho Code § 15-2-202 through § 15-2-205.
- File a petition with the probate court. Submit a petition for determination of heirs in the appropriate county court. Provide a family tree, death certificate, and any other proof of relationship. The court issues an official list of heirs, which allows distribution of assets.
Example: If your father died in Boise, leaving a wife and two children, the estate passes 100% to the spouse until the first $100,000 plus one-half of the balance under Idaho Code § 15-2-201(2), with the children splitting the remainder.
Helpful Hints
- Gather vital records: death certificate, marriage license, birth certificates.
- Build a family tree to document relationships clearly.
- Search county probate files online or in person for any wills or estate filings.
- Contact close relatives early to verify survivors.
- Consider a certified genealogist for complex or adopted family lines.
- Keep detailed notes of each search and contact for court filings.