Detailed Answer

1. Start with the basic documents

Collect these items as soon as possible. They provide the clearest evidence about the decedent’s intentions and official ownership:

• Certified copy of the death certificate (order from the county where the person died).
• Any original will, trust documents, beneficiary designations (life insurance, retirement accounts), and deeds to real property.
• Recent mail, bank statements, tax records, or a safe-deposit box key that may indicate where important papers are kept.

2. Look for a will or trust

If there is a will or a revocable trust, it normally names the person(s) who inherit property and how to transfer ownership. Search the decedent’s files, check with the decedent’s attorney, and ask family members. If a will was filed in court (probated), the probate case will be a public record at the county district court where the decedent lived.

3. If there is no will — Idaho’s intestate succession rules

When someone dies without a valid will (intestate), Idaho law specifies a priority list of relatives who inherit. Those rules determine the “rightful heirs.” For the exact statutory framework, see Idaho Code, Title 15 (Probate) — Chapter 2 (Intestate Succession): Idaho Code Title 15, Chapter 2. In plain terms:

• Surviving spouse and descendants (children/grandchildren) are the primary heirs in many cases.
• If there is no surviving spouse or descendants, the estate may pass to parents, then siblings, then more distant relatives.
• If no relatives can be located, the state may eventually take the property under Idaho’s laws of escheat.

The exact shares and outcomes depend on family structure (marriage, children from other relationships, whether property is community property, etc.). See the statute linked above for precise rules.

4. How to find out whether real property is titled to the grandparent

1. Search the county recorder’s (or county assessor’s) office where the property sits. Deeds, mortgages, and recorded documents list current owners. Many counties offer online searchable records.
2. Check the county property tax/assessor records to see who is responsible for taxes — this often shows the owner and parcel information.
3. If the deed lists the decedent as owner and title did not transfer before death, the property is still part of the deceased’s estate until legally transferred.

5. Is probate required to change title?

Often yes, but sometimes a full probate is not necessary:

• If the property was held jointly with rights of survivorship (e.g., joint tenancy with a spouse or child), the surviving joint owner usually becomes owner automatically — but you will still need to record an affidavit and the death certificate with the recorder.
• If the property was held in a trust, the trustee follows the trust’s directions and records will show the beneficiary transfer.
• For small estates or where only personal property (not real estate) is involved, Idaho provides simpler procedures in some situations. For real property, many transfers require probate or a court order unless a transfer-on-death deed, joint ownership, or trust already handles the succession.

6. How to confirm heirs and transfer title — practical steps

1. Obtain multiple death certificates.
2. Search for a will and contact the attorney who prepared it (if known).
3. Visit the county recorder and assessor offices for deed and tax records. Ask about document copies and recording instructions to change ownership.
4. Search probate records at the county district court where the decedent lived to see if an estate case already exists.
5. If no probate exists and you believe intestacy applies, consult Idaho’s intestate succession statutes: Idaho Code Title 15, Chapter 2.
6. If necessary, open a probate case (formal administration) or a simplified proceeding (if available and appropriate) so a court can appoint a personal representative to collect assets, pay debts, and transfer title.
7. Record the court-issued documents (letters testamentary or letters of administration) or affidavit of survivorship with the county recorder to clear title.

7. What if heirs disagree or you can’t locate heirs?

If heirs dispute who inherits or who should control estate property, a quiet-title action or contested probate can resolve ownership through the courts. If heirs cannot be located, the estate process includes steps to notify potential heirs; if no heirs are found, Idaho law provides for escheat to the state.

8. When to hire an attorney

Consider hiring an attorney if any of these apply:

• Multiple potential heirs dispute ownership or inheritance shares.
• Complex assets exist (business interests, out-of-state property, significant debts, tax issues).
• Title problems (unclear chains of title, missing deeds, conflicting documents).
• You need to open probate or run a quiet-title lawsuit.

An attorney can advise on probate timing, court filings, and the practical steps to transfer real estate correctly.

Helpful Hints

• Obtain at least five certified copies of the death certificate early — many agencies require originals.
• Check the county recorder’s website for online deed searches before visiting in person.
• Look for a transfer-on-death deed or beneficiary deed — some owners use these to pass real estate outside probate.
• If you find a will, check whether it was probated already. Probate filings are public records at the county court.
• Make a list of all possible heirs (spouse, children, grandchildren, parents, siblings) and obtain contact information; communication can prevent disputes.
• If unsure where to start, a local probate attorney or title company can run a title search and identify recorded ownership and mortgages.
• Do not transfer or sell property until title is clear and any required probate or trustee actions are complete; premature transfers can create legal problems.

Resources

Idaho statutes on probate and intestate succession: Idaho Code Title 15 (Probate)

Idaho Code — Intestate succession (Chapter 2): https://legislature.idaho.gov/statutesrules/idstat/Title15/T15CH2/

Final practical checklist

1. Collect death certificate(s).
2. Search for will/trust documents and speak with the decedent’s attorney.
3. Search county recorder/assessor records for deeds and taxes.
4. Check county probate records for an existing estate case.
5. Consult an attorney if the title is unclear, heirs dispute, or complex assets exist.

Disclaimer: This article is for informational purposes only and is not legal advice. It does not create an attorney-client relationship. For advice about a specific situation, consult a licensed Idaho attorney.