Detailed answer — what generally must be done to record a deed so your child becomes owner

When a spouse dies and you want to make your child the recorded owner of real property, the exact steps depend on how the decedent’s interest in the property was held before death. The common scenarios are:

1. Property held with a right of survivorship (joint tenancy or joint owners with survivorship):

   If the deceased spouse owned the property as a joint tenant with right of survivorship (or another survivorship arrangement), the surviving owner(s) usually step into full ownership automatically at death. To change record title to your child, you will need the surviving owner to sign and deliver a deed that transfers the property to the child. Steps:

   • Obtain a certified copy of the death certificate.
   • Confirm title records at the county recorder to show the survivorship language or joint tenancy.
   • Prepare a new deed (commonly a quitclaim or warranty deed) from the surviving owner(s) to your child with a correct legal description.
   • Sign the deed before a notary and have it acknowledged as required by Idaho recording rules.
   • Record the deed at the county recorder’s office where the property is located.
2. Property with a beneficiary designation (transfer-on-death or beneficiary deed):

   If the decedent executed a valid beneficiary (transfer-on-death) deed or other devise naming a beneficiary, that instrument controls and the beneficiary can record an affidavit and the beneficiary deed after death. Idaho statutory mechanics for beneficiary transfers and property title issues are in the Idaho statutes on property and probate; check Title 55 (Property) and Title 15 (Probate & Estates) for statutory detail: https://legislature.idaho.gov/statutesrules/idstat/Title55/ and https://legislature.idaho.gov/statutesrules/idstat/Title15/.

3. Property owned solely in the name of the deceased spouse (no survivorship or beneficiary):

   When title is in the decedent’s sole name, the decedent’s interest becomes part of the probate estate. The estate representative (executor or administrator) must transfer title to the decedent’s successor(s) under the will or under Idaho intestacy law if there is no valid will. Typical steps:

   • Determine whether the decedent left a valid will and who is appointed personal representative (executor/administrator). If there is a will, it names an executor; otherwise, someone must petition the probate court to be appointed.
   • If probate is required, open a probate case in the county where the decedent lived or where the property is located. Idaho probate law governs this process: https://legislature.idaho.gov/statutesrules/idstat/Title15/.
   • After appointment, the personal representative obtains Letters Testamentary or Letters of Administration from the probate court. Those letters show legal authority to act for the estate.
   • The personal representative prepares and signs a deed transferring the property from the estate to the beneficiary (your child) and records it with the county recorder. The deed often references the probate case and includes the decedent’s name and legal description of the property.

   In many cases involving real property, probate is the normal path for transfer of title to heirs or devisees.

4. Small‑estate or affidavit procedures:

   Some states allow simplified affidavits to transfer certain assets without full probate. Whether real property may transfer by affidavit in Idaho depends on statutory limits and the type of property. Check Idaho’s probate rules and statutes to see if a simplified procedure applies or whether a short form appointment is available: https://legislature.idaho.gov/statutesrules/idstat/Title15/.

Common practical steps to prepare and record the deed (checklist)

1. Obtain multiple certified copies of the deceased spouse’s death certificate from the state or county vital records office.
2. Pull a copy of the current recorded deed from the county recorder to confirm exactly how title is held and to obtain the property’s legal description and parcel ID.
3. Determine whether a will, beneficiary deed, or other written instrument affects transfer. If there is a will, locate it and see who the named executor is.
4. If probate is needed, consult an Idaho probate attorney to open a probate case and obtain Letters Testamentary or Letters of Administration.
5. Have the person who has legal authority to convey (surviving joint owner or the personal representative) sign a properly prepared deed that names your child as grantee and includes the full legal description.
6. Get the deed notarized and acknowledged as required by Idaho recording rules; include any affidavits required by the county recorder (for example, an affidavit showing survivorship or proof of appointment from probate).
7. File the deed with the county recorder and pay applicable recording fees. Keep a copy of the recorded deed for your records.

Why an attorney or title company often helps

Real estate transfers after death involve many technical issues (validity of deeds, survivorship language, probate procedures, creditor claims, mortgages, tax issues). A licensed Idaho attorney or a title company can:

• Confirm the correct legal route (survivorship affidavit vs. probate).
• Draft a deed with correct legal description and recording language.
• Check for outstanding liens or mortgages and advise how to handle them.
• Make sure recording will not create clouds on title; assist with title insurance if needed.

Key Idaho statutory resources

• Idaho Probate & Estates (Title 15) — general rules on wills, administration, and probate: https://legislature.idaho.gov/statutesrules/idstat/Title15/
• Idaho Property Law (Title 55) — general property law and recording matters: https://legislature.idaho.gov/statutesrules/idstat/Title55/

Helpful Hints

• Start by pulling the recorded deed at the county recorder — ownership wording (joint tenancy, tenants in common, beneficiary language) determines the path.
• Get several certified death certificates early; recording offices, banks, and title companies will require them.
• If a mortgage exists, contact the lender before transferring title — the loan may be due or require assumptions or payoffs.
• Don’t record anything until you confirm you have legal authority to convey (surviving owner, executor, or administrator). Improper recordings can create title problems.
• If you inherit via probate, record the deed from the personal representative rather than trying to record a transfer without court approval.
• Ask the county recorder about local requirements (some counties want extra affidavits or specific acknowledgment wording).
• Consider title insurance or a title search before transfer to reveal liens, judgments, or easements.
• Consult an Idaho attorney if the estate is contested, if multiple heirs exist, or if the will is unclear.