Detailed Answer

Disclaimer: This is general information and not legal advice. Consult a licensed Idaho attorney for advice about your specific situation.

Overview — what usually happens when a parent dies without a will in Idaho

When someone dies without a will (intestate) and they owned real property solely in their name, title to that property does not automatically transfer to their children. Idaho law governs who inherits and the process for transferring title. The basic options are: (1) transfer under the intestate succession rules through probate administration; (2) transfer outside probate only if the deed or ownership form already creates a right of survivorship (for example, joint tenants); or (3) use a court or agreement among heirs to clear title (for example, a deed from the personal representative or a partition action if heirs disagree).

Step-by-step: Typical process in Idaho when the decedent owned the house alone

Confirm ownership and look for a will or transfer-on-death instrument.

Find the recorded deed at the county recorder’s office. Check for a surviving co‑owner, a joint tenancy clause, or any transfer-on-death (TOD) deed or beneficiary designation. If the deed names joint tenants with right of survivorship or a valid transfer-on-death deed exists, title often passes outside probate after you record a death certificate or follow the statute for that document.
If there is no survivorship or TOD mechanism, open probate (or a simplified estate procedure if available).

To transfer real property held only in the decedent’s name, someone must normally be appointed by the probate court as the personal representative (also called executor or administrator). The personal representative collects assets, pays debts, and distributes the estate according to Idaho’s intestate succession rules.

Idaho’s intestate succession and probate procedures are in Title 15 of the Idaho Code (Probate and Fiduciary Relations). See the Idaho statutes for intestate succession: Idaho Code, Title 15 (Probate).
File a petition in the county probate court.

A family member (usually one of the children) files a Petition for Administration in the probate court in the county where the decedent lived. The court appoints a personal representative and issues Letters (or Letters of Administration). The personal representative then has authority to manage and transfer estate real property.
Inventory, notice to creditors, and resolving debts.

The personal representative must identify estate assets (including the house), notify known creditors, and follow Idaho procedures and timelines for creditor claims. The house may need to remain available to satisfy valid claims unless you obtain a court order to distribute or sell it.
Distribute the property under Idaho intestacy rules.

If the decedent left no spouse and only left children, Idaho’s intestacy rules (Title 15, Chapter 2) generally divide the probate estate among the children equally. The personal representative can transfer title by signing and recording a deed that conveys the property from the estate to the heirs (for example, as tenants in common with equal shares), or sell the property and distribute proceeds if the heirs agree or the estate requires sale to pay debts.
Record the new deed and update county records.

After the court authorizes distribution, record the deed signed by the personal representative with the county recorder where the property sits. Also update the assessor’s records for property tax purposes.

Common alternate paths

Joint tenancy or survivorship deed: If the deed named a surviving co‑owner with right of survivorship, that person becomes owner on death by operation of law. Usually you record a death certificate and any required affidavit.
Transfer-on-death deed: Some states permit TOD deeds. If Idaho recognizes a valid TOD deed for real property, identical transfer steps outside probate apply (verify the instrument and follow statute).
Agreement or buyout among heirs: Heirs can agree that one sibling will buy the others’ shares or all will take title as tenants in common. To implement this, the estate (via the personal representative or by deed from the heirs if probate is not required) conveys the property and the deed is recorded.
Quiet title or partition action: If title is unclear or heirs fight, a quiet title or partition lawsuit may be necessary. Partition allows sale or division when co‑owners disagree.

Hypothetical example

Sam (sole owner) died intestate in Ada County, leaving three adult children and no spouse. The county deed shows Sam as sole owner and the house has no joint owners or TOD deed. One child files a Petition for Administration in Ada County Probate Court. The court appoints that child as personal representative. After notifying creditors and listing the house in the estate inventory, the personal representative petitions the court to distribute the property. The court orders distribution of the house equally to the three children under Idaho’s intestacy rules. The personal representative signs and records a deed conveying the property to the three children as tenants in common (each with a one‑third share). If the siblings prefer a single owner, they can agree that one buys out the others and record a deed reflecting that sale.

Key Idaho statutes and resources

Idaho Code, Title 15 (Probate and Fiduciary Relations) — overview of probate and intestacy: https://legislature.idaho.gov/statutesrules/idstat/Title15/
Idaho Supreme Court and Idaho Courts self‑help pages for probate procedures: https://isc.idaho.gov/

Helpful Hints

Start by obtaining certified copies of the death certificate. Many recorders and title companies require an official death certificate to clear title.
Pull the recorded deed and check for survivorship language, spousal signatures, or beneficiary instruments.
Contact the county recorder and county assessor to learn local recording requirements and tax consequences.
Gather mortgage statements and property tax bills. If the house has a mortgage, the lender may need to be notified and may require loan payoff or refinancing before a new deed is acceptable.
Talk to all siblings early and try to reach agreement about keeping, selling, or dividing the property. Agreements among heirs simplify transfer and reduce court time and costs.
Expect probate to take months in many cases. Prepare for costs: court filing fees, possible attorney fees, and title/recording costs.
Consider hiring a probate attorney if: debts are complex, heirs disagree, there is unclear title, or you face a mortgage or tax complications.
If the estate is small, ask whether your county offers simplified or summary probate procedures. Idaho statutes provide procedures and exceptions; check Title 15 for specifics and your county court’s local rules.
Keep detailed records: inventories, receipts, correspondence, and court papers to simplify distribution and defend against creditor claims.

Final note: This article explains typical steps under Idaho probate and intestate succession law. Specific rules and forms vary by county and by case facts. For concrete next steps tailored to your situation, consult a licensed Idaho probate attorney or your local probate clerk.